
Boole ;.j/ii;i.___ 



VERMONT 



SCHOOL LAWS, 

IN FORCE AT THE CLOSE OF THE SESSION OF THE 
GENERAL ASSEMBLY, 1874, 

TOGETHER WITH A DIGEST OF THE 



Decisions of k 



1 01 VeriiKiii 



HAVING KEFE3EUENCE TO THE 



SCHOOLS AND SCHOOL LAWS OF YEKMONT, 

AND 

FORMS FOR THE USE OP SCHOOL DISTRICT OFFICERS. 

COMPILED UNDER AN ACT OF THE LEGISLATURE, AND APPOINT- 
MENT BY THE GOVERNOR, 

BY GILBERT A. DAVIS, 

OF READING. 




MONTPELIEK : 
J. & J. M. Poland's Steam Printing House. 

1875. 



AN ACT AUTHORIZING THE COMPILATION OP 
THE SCHOOL LAWS. 

It is hereby enacted by the General Assembly of the State 
of Vermont : 

Sec. 1. The Governor is hereby authorized and required 
to appoint some suitable person to compile all school laws 
of this State that may be in force at the close of the present 
session of the General Assembly, and annex thereto a con- 
cise digest of the decisions of the Supreme Court of this 
State having reference to the schools and school laws of this 
State, and also forms for the use of school district officers ; 
provided that the expense thereof shall not exceed two hun- 
dred dollars. 

Sec. 2. The Secretary of State shall, as soon as conven- 
iently may be done, procure three thousand copies of such 
compilation, digest and forms to be printed and bound in 
paper, in the same style the session laws are printed, and 
distribute the same in the following manner : 

To each organized town and city in this State, one copy, 
to be deposited in the clerk's office, and one copy for each 
school district in such town or city, one copy to each super- 
intendent of schools, for the use of him and his successors 
in office, and the balance shall be deposited in the State Li- 
brary for distribution under the direction of the State Li- 
brarian. 

Approved November 23, 1874. 



COMPILER'S REPORT. 



To His Excellency Asahel Peck, 

Crovernor of the State of Verynont : 

I herewith transmit the Compilation of the School Laws 
of this State in force at the close of the session of the Gen- 
eral Assembly for 1874, and have annexed thereto a concise 
digest of the decisions of the Supreme Court of this State 
having reference to the schools and school laws of this State, 
and also forms for the use of school district officers, pre- 
pared in accordance with mj appointment from jour Excel- 
lency, under the provisions of an act approved November 
23, 1874, entitled " An Act authorizing the compilation of 
the School Laws," 

In making the compilation of the school laws, in all cases 
the exact phraseology of the statute has been retained. 
The sections of the general statutes that have been amended 
by later statutes, have been inserted as amended, and proper 
reference made to the original section and the amendatory 
act, so that the correctness of the compilation can be read- 
ily tested, or the original enactment at once referred to. 
The larger part of the laws relating to schools have been 
gathered into a code, and the sections consecutively num- 
bered, with notes annexed giving the original numbering. 
The decisions of the Supreme Court construing the several 
sections have been referred to in the notes, for the conven- 
ience of those who may wish to readily consult them. It 
has been the compiler's design to place before the public a 



compiler's report. 



comprehensive guide to all persons having business to trans- 
act j-elating to the public schools of the State. 

The digest of the decisions of the Supreme Court has 
been carefully prepared and systematically arranged by 
topics in alphabetical order, so as to be readily accessible, 
and prefixed to it is a table of cases cited, and of titles. 
By this arrangement the necessity of any index to the digest 
has been avoided. The compiler's intention has been to 
comprehend the law of every reported case within the scope 
of the Act under which this work is pi-epared. 

The forvis have been adapted to the existing provisions 
of the statute laws, and to that end, obsolete forms have 
been omitted, and many of the forms heretofore in use 
essentially modified. 

I respectfully submit the result of my labors, hoping that 
thereby the interests of education in the State may be ad- 
vanced, and the performance of the duties of school district 
officers may be facilitated. 

I have the honor to remain 

Your Obedient Servant, 

GILBERT A. DAVIS. 

Reading, Vt., April 10, 1875. 



PART I. 



TABLE OF CONTENTS. 

State Superiatendent of Education and his duties. 

Chapter 22 of the General Statutes as amended and in force at the 

close of the biennial session of the Legislature, 1874. 
Compulsory Education. 
Disturbing Exercises of Sohool. 
Instruction of the Deaf, Dumb and Blind. 
Division of the Property of School Districts. 
Normal Schools. 

Offences against Private Property. 
Of Public Lands. 

School Districts, Executions against, how collected. • 
Taxes, collection of School District. 
Teachers, time of, in District Schools. 
Text Books for use in Schools. 
Text Books, supplying of, in certain cases. 
Tow^n system of Schools. 
Union or Graded School Districts. 
Voting in School District Meeting. 
Writs against School District, how served. 



PART I. 



SCHOOL LAWS OF YEKMOIS^T. 



STATE SUPERINTENDENT OF EDUCATION AND HIS 

DUTIES. 

No. 33, Acts 1874, page 58. 



AN ACT TO ABOLISH THE BOARD OF EDUCA- 
TION AND TO CREATE THE OFFICE OF STATE 
SUPERINTENDENT OF EDUCATION. 



Section 

1. Sections repealed. 

2. Joint assembly to elect state super- 
tendent of education; duties of. 

3. May hold one annual institute on 
application of twenty-five teach- 
ers; may employ assistants; limi- 
tation of exi^ense. 

4. Said superintendent to prescribe 
forms and blanks ; and to procure 
and furnish registers. 

5. Duties of town superintendents. 

6. Duties of academies and graded 
schools. 



Section 

7. Superintendent to make biennial 
report to legislature ; to print and 
distribute same; to whom. 

8. Vacancy in office of ; how filled. 

9. Section nine of chajiter twenty- 
two amended. 

10. Salary of state superintendent. 

11. Acts inconsistent herewith repeal- 
ed. 

12. To take effect. 



Section 1. Sections one, two, three, four, five, six, sev- 
en, eight, one hundred nine, one hundred twelve, and one 
hundred thirteen, of chapter twenty-two of the general stat- 
utes, and all acts and parts of acts amendatory of and in 
addition thereto, are hereby repealed. 

Section 2. The joint assembly shall elect at each bien- 
nial session of the legislature, a state superintendent of ed- 
^ ucation, who shall faithfully devote his whole time in pro- 



10 COMPILATION OF THE SCHOOL LAWS. 



moting the highest educational interests of the state, and 
visit every part thereof during each year, deliver lectures 
upon the subject of education, confer witli town superin- 
tendents, visit schools in connection with them, and furnish 
each of them blank forms for collecting school statistics. 

Section 3. He shall annually, upon, a written applica- 
tion of twenty-five teachers in any county — except Grand 
Isle and Essex counties, in which the number may l)e fifteen 
teachers — for that purpose, hold one teachers' institute in 
such county, at a time when the common schools are not in 
session, as far as practicable, not to exceed three days each. 
Said state superintendent may employ assistants to give ef- 
ficiency and interest to such institutes as lie maybe required 
to hold, and a sum not exceeding thirty dollars per day ac- 
tually paid by said state superintendent for such services, 
and for advertising and other necessary expenses thereof, 
shall be paid to said state superintendent by the state treas- 
urer, on the allowance and order of the auditor of accounts. 

Section 4. Said state superintendent is hereby required 
to prescribe blank forms for a school register, conveniently 
arranged for keeping a daily record of the attendance of 
children upon the school, and containing printed interroga- 
tories addressed to teachers and to district clerks, for the 
procurement of such statistical information as he may seek 
to obtain in each year, and such information as will enable 
the selectmen of towns to divide the public money accord- 
ing to law ; and in the month of January in each year the 
state superintendent shall procure and furnish to every town 
superintendent in this state, a sufficient number of such reg- 
isters to supply all the district clerks in each town with 
one register for every school for the ensuing year. Any 
town superintendent receiving such registers shall immedi- 



COMPILATION OP THE SCHOOL LAWS, 11 

ately forward his receipt therefor to the state superintend- 
ent ; and on failure to receive such registers by the first 
day of February in each year, the town superintendent shall 
immediately notify the state superintendent thereof, who 
shall supply the deficiency forthwith. Each district clerk 
shall annually, on or before the first week in March, pro- 
cure of the town clerk a register for each school in his dis- 
trict, and be responsible for the safe keeping thereof. 

Section 5. Town superintendents of schools shall annu- 
ally, on or before the tenth day of April, make out and re- 
turn to the state superintendent, the statistics of the schools 
in each district in their respective towns, in accordance with 
the forms prescribed by said state superintendent, agreeably 
to law. The state superintendent, upon the receipt of such 
returns, shall forward a certificate thereof to the town su- 
perintendent making the return. 

Section 6. It shall be the duty of the trustees of the 
academies and grammar schools which have been incorpor- 
ated by the legislature of the state of Vermont, to cause 
their principals to returti to tlie said state superintendent, 
on or before the first day of April in each year, true and 
correct answers to such statistical inquiries as may have 
been addressed to them by the state superintendent in the 
month of January previous. 

Section 7. The state superintendent of education shall 
prepare and present to the legislature, on the first day of 
each biennial session thereof, a report of his official doings 
for the preceding two years, and a statement of the condi- 
tion of the schools in the state, of the expenditure of the 
school money therein, with such suggestions for information 
and improvement relative to the various schools in the state, 
as he may deem proper. He shall cause to be printed not 



12 COMPILATION OF THE SCHOOL LAWS. 



more than three thousand and five hundred copies of his bi- 
ennial report, and have the same ready for distribution on 
the assembling of the legislature, and shall distribute the 
same as follows, viz., one copy to each member of the legis- 
lature ; one copy to each town superintendent, for the use of 
him and his successor in ofi&ce ; one copy to each district 
clerk ; and one copy to the principal of each graded, union, 
or high school in the state ; and any remaining copies 
shall be deposited in the state library for future reference, 
exchange or sale. The said state superintendent shall for- 
ward the necessary copies for distribution, except for mem- 
bers of the legislature, to the various town clerks, which 
shall be by them distributed in the same manner as the laws 
are distributed. 

Skction 8. The governor shall have power to appoint 
any suitable person to fill any vacancy that may occur in 
the office of state superintendent ; and the person so ap- 
pointed shall have the same power and perform the same 
duties as if elected agreeably to the provisions of section 
two of this act. 

Section 9. Section nine of chapter twenty-two of the 
general statutes is hereby amended by striking out in line 
twenty-three of said section, the words " secretary of the 
board," and inserting in lieu thereof the words state super- 
intendent of education. 

Section 10. The state superintendent shall receive the 
sum of fifteen hundred dollars per year and his actual trav- 
eling expenses while in the performance of the duties of his 
office, and the expense of procuring blank forms, and post- 
age, which allowances shall be paid by the treasurer on the 
acceptance and order of the auditor of accounts. 



COMPILATION OF THE SCHOOL LAWS. 



13 



Section 11. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

Section 12. This act shall take eflect from its passage. 

Approved November 18, 1874. 



CHAPTER TWENTY-TWO OP THE GENERAL STAT- 
UTES, AS AMENDED AND IN FORCE AT THE 
CLOSE OF THE BIENNIAL SESSION OF THE LEG- 
ISLATURE, 1874. 

[The original numberings of the sections are stated in the notes. The addi- 
tional enactments are consecutively numbered, and their number and year of 
enactment noted.] 

TOWN superintendents. 



Section 

13. Superintendent of common schools 
in each town; election and com- 
pensation ; and how allowed. 

14. Towns may vote additional com- 
pensation. 

15. Town superintendent to hold two 
public examinations annually in 
each town. 

16. Manner of election. 

17. Their compensation. 

18. Retui-ns of clerks to superintend- 
ents. 

19. Returns of superintendents to 
town clerks. 

20. State superintendent to furnish 
blank certificates. 

21. 22. Town superintendents to meet 
annually ; where and when ; pur- 
pose. 

23. Their official duties as to visiting 
schools; making out account for 
official services. 

24. Teachers shall possess moral char- 
acter and requisite qualifications, 
and are required to obtain certifi- 
cates from superintendent. 



Section 

25. Principals of graded and union 
schools not required to obtain cer- 
tificates. 

26. Certificates of qualifications of 
town superintendents of common 
schools, for teaching, how ob- 
tained. 

27. Superintendents to give notice of 
time of examination of teachers. 

28. Examination of teachers by town 
superintendents. 

29. List of teachers, and dates of their 
certificates, to be lodged in the 
town clerk's office. 
Power of superintendent to re- 
voke certificate of teachers in cer- 
tain cases. Proceedings in such 
cases. 

Vacancy in ofiice of superintend- 
ent, how supplied. 

32. When vacancy exists, examina- 
tion may be made by superinten- 
dent of any adjoining town. 



30. 



31. 



SCHOOL DISTRICTS. 



33. Each town to keep one or more 
schools. Subjects of instruction. 

34. Age of pupils in public schools. 

35. Towns to be divided into school 
districts. 

36. Districts to be numbered, &c. 

37. Mode of organizing districts in 
towns. 

38. Mode in imorganized towns or 
gores. 



39. Mode of forming and organizing 
districts from two or more adjoin- 
ing towns. 

40. Provisions for visitation, &c., of 
districts in more than one town. 

41. Provision for returns from dis- 
tricts in more than one town. 

42. Inhabitants of one town may be 
set to a district in another. 

43. Where taxed in such cases. 



14 



COMPILATION OF THE SEHOOL LAWS. 



Section 

44. Districts to have powers of a cor- 
poration. Voters therein same as 
voters in town meeting. 

45. Who are voters in town meeting. 

46. Duties of listers. 

47. Only citizens are voters. 

48. 49, 50. Right to vote, how deter- 
mined. 

51. Evening schools may be estab- 
lished. 

52. Powers of school districts to pro- 
vide schools in certain cases. 

53. May hold estates, prosecute suits, 
&c. 

54. Officers of district chosen annu- 
ally. Time of annual meeting. 
Duty of treasurer. 

55. Collectors of school districts shall 
give bonds, if required thereto by 
vote of the district. 

|.56. Neglect to give bonds vacates of- 
fice. 

57. If required by prudential commit- 
tee, shall give bonds. 

58. Collector to make such deduc- 
tions from taxes as fixed by vote 
of school district. 

59. Collector to give notice when and 
where he will receive taxes. 

60. No deducti(jn in case of neglect to 
pay by time fixed. 

61. Collector of school district taxes 
to pay into treasury when re- 
quested as herein, all taxes up to 
that time. 

62. Penalty for neglect to do so. 

63. School district may elect the first 
constable their collector. 

64. When moderator pi^o tern, may be 
chosen. 

65. Vacancies; how supplied. 

66. If clerk absent or disabled, pru- 
dential committee to discharge 
duties of otfice. 

67. Clerk of school district to keep 
records of the votes of meetings, 
and certify the same when re- 
quired. Penalty for wiUful vio- 
lation of provisions of this sec- 
tion. 

68. Clerks to make returns of births 
and deaths to town clerk. Pen- 
alty for neglect to do so. 

69. Fees for such returns. 

70. Selectmen to draw order for such 
fees. 

71. Town clerks to examine returns 
made ; if correct, to certify to the 
same ; if incorrect, town clerks to 
commence prosecution therefor. 

72. District clerk to make list of 
names and ages of persons be- 
tween ten and twenty years; to 
return the same to town clerk ; to 
return also tabular abstract; com- 
pensation therefor. 

73. In towns not divided into dis- 



Section 

tricts, clerk of school board to 
perform the duty. 

74. The school yearto commence first 
day of April. 

75. Powers and duties of prudential 
committee. Proviso in case of 
differences between superintend- 
ent and committee. 

76. Provision for providing district 
schools in cei-tain cases. Offices 
vacated by neglect. Such vacan- 
cies filled by selectmen. Duty of 
prudential committee so appoint- 
ed to sustain a school. 

77. 78. Meetings ; how appointed and 
notified. 

79. Districts may raise tax to build 
school-house, &c. 

80. Districts may locate school-house. 
On application, selectmen may 
locate. 

81. Real estate to be taxed where lo- 
cated. 

82. Voters in school district may ap- 
ply to selectmen to build school- 
house, &c. 

83. Selectmen to appoint hearing, no- 
tice, &c. 

84. Selectmen may order such dis- 
trict to build school-house, &c. 
In case of refusal or neglect, se- 
lectmen may assess a tax upon 
such district'and build house ; col- 
lection of tax, t&c. 

85. Proceedings to be recorded in 
town clerk's office. 

86. Persons unable to j^ay i»ay be 
omitted in tax-bill in certain ca- 
ses. 

87. Prudential committee to assess 
tax, make rate-bill, &c. 

88. Tax-bills and public moneys pay- 
able to the treasurer. Orders to 
be drawn on treasurer. 

89. Power and duty of collector. 

90. Taxes to be laid on grand list. 

91. On what grand list to be assessed. 

92. Powers of committee to enforce 
collection of taxes. 

93. Taxes may be remitted at legal 
meeting, &c. 

94. Districts formed from two or more 
towns ; how dissolved. 

95. Powers and duties of justices. 

96. Each part, after separation, to be 
a district. 

97. No change of school districts shall 
affect the liability of the school 
district so changed upon all debts 
outstanding at the time such 
change was made. 

98. School district shall have power 
to allow use of school-house for 
religious worship, &c. 

99. In certain cases may arrange for 
schooling children in an adjoin- 
ing state. 



COMPILATION OP THE SCHOOL LAWS. 



16 



Section 

100. May send scholars to academy; 

regulation of siicli action. 

Not to have right to .sliorteu time 

for common schools. 

In snch case to receive public 

money same as is now received 

for attendance upon common 

schools. 
103. Districts formed under former 

laws to retain their powers. 



101. 
102. 



Section 

104. Penalty on clerk for neglect in 
making returns. 

105. Penalty for neglect to notify meet- 
ings. 

10(5. Penalty on committee for paying 
teachers not having obtained their 
certificate of qualification. 

107. Contracts for teaching invalid, un- 
less teacher obtain certificate. \ 



HIGH, OR CENTRAL, OR GRADED SCHOOLS. 



108. Prudential committee may call a 
school meeting wlien, in thoir 
opinion, more than one teacher is 
required. 

109. Meeting may vote to have more 
than one school, and to erect school 
houses. 

110. Meeting may direct the sciences 
or higher branches of a thorough 
education to be taught. 

111. Committee may direct what school 
scholars shall attend. 

112. Children not residing in district 
shall not be permitted to attend 
the higher school, except with con- 
sent of committee. 



li;5. Towns may establish central 
schools for advanced scholars. 

114. Prudential committee to be ap- 
pointed; duties. 

Town treasurer and collector to 
perform duties of district treasur- 
er and collector. 
Tuition. 

117. Tax may be assessed and collect- 
ed, in certain cases. 

118. Provisions when more than one 
central school is established. 

119. Towns to have powers of union 
district in certain cases. 



115. 



116. 



UNION DISTRICTS. 



120. Union of school districts author- 
ized. 

121. Provision for distributing public 
money to union school districts. 

122. Such ' districts to have corporate 
powers. 

123. First meeting ; how called. 

124. Clerk to be appointed. 

125. Time of holding the annual imion 
school district meetings. 

126. Money; how raised. Locating 
school houses. 

127. Prudential committee of union 
districts ; how constituted. 

128. Duties of the committee. The 



schools in each district to be con- 
tinued. LTnion schools entitled to 
share of public money. Proviso. 

129. Union districts to choose modera- 
tor, collector and treasurer; may 
raise money, etc. 

130. A district may withdraw from 
such union district in case two- 
thirds of such district vote in fa- 
vor of it. 

131. A contiguous school district maj 
be united to a union district U 
two-thirds of the voters of such 
district, present at the meeting, 
vote in favor of such union. 



TOWN SCHOOL FUND. 



132. Selectmen to have charge of es- 
tate for use of schools. 

133. Securities and moneys belonging 
to school fund to be kept in town 
treasury. 

134. Selectmen annually to assess nine 
per cent, ta.x for schools. 

135. Tax omitted, in whole or in i»art, 
in certain cases. 

136. Towns may vote other taxes, and 
nine per cent, tax be omitted. 

137. 138. Mode of division of public 
money among school districts. — 
No district to receive any of , such 
money except on certain condi- 
tions. 



139. 



140. 



Statement of amount divided to 
each district to be left with town 
clerk. 

When district formed from two 
or more towns ; how money divid- 
ed. 

146. Penalty for not assessing state 
school tax. 

147. How penalty to be appropriated. 

148. Grand jury to indict towns for 
neglect in assessing, collecting and 
expending tax. 

149. Penalty for embezzling school 
funds. 



16 



COMPILATION OF THE SCHOOL LAWS. 



UNITED STATES DEPOSIT MONEY. 



151. 



152. 



Section 

150. Treasurer to receive moneys be- 
longing to tlie United States to be 
deposited, and give certificate, 
etc. 

Moneys deposited divided among 
towns according to census of 1860. 
Provision for unorganized towns 
and gores. 

On a new census ; new apportion- 
ment to be made. 

153. On a new apportionment; treas- 
urer to collect excess and pay 
over. Deficiencies of towns made 
up. 

154. Each town to elect trustees. 

155. 156. If towns neglect to choose 
trustees, treasurer to put shares 
on interest. 

157. Trustees to give bonds. 



Section 

158. Office to be considered vacant if 
bonds are not given. 

159. Treasurer to pay moneys to trus- 
tees and take receiirt. 

160. Towns in such cases accountable. 

161. Trustees to loan money. 

162. Loans not to be over one year. 

163. Trustees may loan to the town. 

164. Income of deposit money appro- 
priated to schools, 

165. When trustees to pay income to 
town treasurer. 

166. Not to be appropriated to schools 
in case, etc. 

167. Penalty on towns for neglect, etc. 

168. Grand jury to inquire and indict 
towns, etc. 



STATISTICS. 



169. 



Duties of school teacher and dis- 
trict clerk relative to school regis- 
ter. No portion of public money 
to be distributed to any district 
whose register is not properly 
filled out and filed. 



170. Teachers to keep certain records 
in register, and return register to 
district clerk. 

171. Clerk to certify to teacher that 
register is so returned. 



SCHOOL HOUSES AND YARDS. 



172. School house, how located. Land 
for sites and yards, how obtained, 
and by what proceedings ; may be 
enlarged, etc. 

173. Lands not to be entered upon un- 
til damages paid. 

174. Question of damages may be re- 
ferred. 

175. Owner of land dissatisfied with 
location may apply to county 



court to appoint commissioners, 
etc. 

176. Proceedings of commissioners and 
decision. 

177. Opening of land stayed; court 
may fix time of opening, and may 
award execution. 

176. If lands are mortgaged, damages 
to be paid mortgages. 



TOWN SUPERINTENDENTS, THEIR DUTIES AND COMPENSATION. 

Section 13. The several towns in this state shall, at 
their annual March meeting, elect one person to be super- 
intendent of common schools within such town, who shall 
hold his office during the school year commencing on the 
first day of April next after his election, and when appoint- 
ed by the selectmen, during the remainder of the then cur- 
rent school year ; who shall receive for his services [two] dol- 
lars for each day necessarily spent in the discharge of his 
legal duties, and a reasonable sum for his annual report to 
the March meeting ; and every superintendent of schools 



COMPILATION OF THE SCHOOL LAWS. 17 

shall make out in detail his account for official services, 
stating the date and time spent, as well as the kind of ser- 
vice rendered, and the number of districts in which a school 
has been taught the year })receding, and make oath or affirma- 
tion to the correctness of the same, before some justice of the 
peace in the town in which he resides, which oath or affirm- 
ation shall be certified by said justice before such superin- 
tendent's account shall be presented to the auditor of ac- 
counts for allowance ; who shall audit and allow the same, 
or so much thereof as is just and reasonable, and the same 
shall be paid out of the state treasury upon the order of the 
auditor of accounts, who is empowered to draw orders for 
the same ; but no order shall be drawn to any superinten- 
dent until he shall have filed with the auditor of accounts 
the receipt of the state superintendent of education for the 
statistical returns of the preceding school year, in pursu- 
ance of the requirements of law. But no superintendent 
shall receive compensation while visiting schools for a num- 
l)er of days greater than twice the number of schools kept 
in the town for which he acts as superintendent, whatever 
the number of terms of such school kept during the year. 

Ch. 22, § 0, G. S., as amended by No. 6 of 1866, p. 12, and by No. 33 of 1874, 
p. 58. 

Section 14. Any town in tliis state may at its annual 
March meeting, or at any other meeting legally warned for 
that purpose, vote to pay the superintendent of common 
schools within such town, out of the town treasury, such 
sum or sums of money in addition to the pay now provided 
by law for his services as shall to such town appear reason- 
able and just. 

No. 29 of 1865, p. 40. 

Section 15. Each town superintendent shall hold two 
public examinations of teachers annually, in the months of 



18 COMPILATION OP THE SCHOOL LAWS. 

April or May, and October or November; said public ex- 
aminations shall be held in all the towns in the county on 
the same day, and all certificates granted by town superin- 
tendents shall be good till the first day of April following 
the examination, and no longer. 

§2 of No. 12 of 1870, p. GG. 

Section 16. The election of town clerk, selectmen, treas- 
urer, overseer of the poor, constables, superintendent of 
schools, grand jurors and listers shall be made by ballot 
when the ballots are required by any three voters present 
at the meeting. The election of all other town officers shall 
be in such manner as the meeting may detei-mine. 

§ 14 of ch. 15, G. S., as ameuded by No. 57 of 1874, p. 89. 

Section 17. Instead of the compensation now provided 
by law, the superintendent of schools shall receive for his 
services two dollars for each day necessarily spent in the 
discharge of his legal duties, and a reasonable sum for his. 
annual reports to the March meeting and to the state super- 
intendent of education, and ten cents a mile for necessary 
travel in attending the annual county meeting of town su- 
perintendents. 

§ 1 of No, 18 of 1872, as amended by No. 36 of 1874, p. 60. 

Section 18. The returns now required to be made by 
district clerks to the town clerks by the provisions of the act 
entitled, " An act in relation to school census and other 
school matters," approved November 23, 1870, shall here- 
after be made to the town superintendents of schools. 

§ 4, No. 18 of 1872, p. 57. 

Section 19. It shall be the duty of the town superin- 
tendent of schools to file in the town clerk's office, on or 
before the first day of June in each year, the school regis- 



COMPILATION OP THE SCHOOL LAWS. 19 

tors and school census returns for the preceding school 
year. 

§ 5, No. 18 of 1872, p. 07. 

Section 20. The state superintendent of education is 
hereby directed to prepare and annually furnish to each 
town superintendent suitable blank certificates to teachers. 

§ 6, No. 18 of 1872, p. 57, as amended by No. 36 of 1874, p. 06. 

Section 21. It is hereby made the duty of the town su- 
perintendents of common schools in each county to meet an- 
nually on the third Tuesday of March, at ten o'clock a. m., 
in each year, at the county court house in each county — 
except that iu Bennington county the said meeting shall be 
holden at the town house in Arlington — for the purpose : 

First, Of agreeing upon a set of questions to be used 
throughout the county in the written examination of teach- 
ers. 

Second, Of fixing the standard of qualification of teach- 
ers for the ensuing year. 

§ 1, No. 36 of 1874, p. 66. 

Section 22. The town superintendents of common schools, 
when assembled as mentioned in section one of this act, 
may annually elect from their number a president to {)re 
side at said meeting, and a secretary, whose duty it shall 
be to keep a correct record of the proceedings of such 
meeting, and procure to be printed and distribute to the 
several superintendents in such county the lists of questions 
agreed upon at such meeting ; and the expense of such 
printing and distribution shall be paid by the state treasurer 
upon the allowance of the state auditor. * 

§ 2, No. 36 of 1874, p. 66. 

Section 23. It shall be the duty of the town superinten- 
dent to visit all such common schools within their respective 



20 COMPILATION OP THE SCHOOL LAWS. 

towns as shall be organized according to law, at least once 
in each year, and oftener if they shall deem it necessary. 
At such visitation the superintendents shall examine into 
the state and condition of such schools, as respects the pro- 
gress of the school in learning and the order and govern- 
ment of the schools ; and tliey may give advice to the teach- 
er of such schools as to the government thereof and course 
of study to be pursued therein, and shall adopt all requisite 
measures for the inspection, examination and regulation of 
the schools, and for the improvement of the scholars in 
learning. Every superintendent of common schools shall 
also make out his account of official services in the manner 
hereinbefore required, and deliver the same to the town 
clerk of the town in which such superintendent was elected 
or appointed on or before the day previous to the annual 
town meeting next after the election or appointment of such 
superintendent, and the same shall be filed and kept in the 
office of the town clerk. 

Ch. 22, § 10. G. S. 8ee No. .T) of 1874, p. 6G. 

Section 24. The town superintendents shall require full 
and satisfactory evidence of the good moral character of all 
instructors who may be employed in the public schools, in 
their respective towns, and shall ascertain, by personal ex- 
amination, their qualifications and capacity for the instruc- 
tion and government of schools ; and every instructor of a 
district school shall obtain of the town superintendent of 
such town a certificate of his qualifications, before he opens 
such school, which certificate shall be available for one year 
only. 

Ch. 22, G. S., § 11—1870, No. 12, p. 46. See § 15 of this Compilation. 
20 Vt. 495, 34 Vt. 270, 35 Vt. 623, 41 Vt. 353, 46 Vt. 452. 

Section 25. The principals of graded and union schools 
shall not be required to procure any certificate of qualifica- 



COMPILATION OF THE SCHOOL LAWS. 21 

tiou from the town superintendent or any other officer ; and 
all contracts for teaching hereafter made between the trus- 
tees of any graded school district, or prudential committee 
of any union school district, and their principal teacher, 
shall be valid without such certificate of qualifications. 

§1, No. 37 of 1874, p. 67. 

Section 26. Whenever any superintendent of common 
schools in any town desires a certificate of his qualifications 
for teaching a district school in the town where he resides, 
he may make application for the same to the superintendent 
of schools of any adjoining town, who shall examine such 
applicant in relation to his qualifications therefor, and, if 
found satisfactory, may give his certificate to said applicant 
in due form of law, which certificate shall be valid for one 
year from the date thereof, in the town where said applicant 
resides. 

Cli. 22 G. S., § 12. See § 15 of this Compilation. 

Section 27. The town supei'intendents shall give public 
notice of suitable times and places, that they will attend to 
the examination of teachers, before commencement of the 
winter and summer schools. 

Ch. 22 G. S., §18. 

Section 28. The examination of teachers by town super- 
intendents shall be public, and held in some public place, 
after due notice given pursuant to law, in the months of 
April or May, and October or November, in each year, 
and citizens generally invited to attend ; and no examina- 
tion of teachers shall be held at any other time or in any 
other manner except in the discretion of the superinten- 
dents, and for the accommodation of teachers prevented by 
sickness or other unavoidable circumstances from attending 
at the regular public examination ; and any superintendent 



22 COMPILATION OF THE SCHOOL LAWS. 



examining teachers at any other time than the regular pub- 
lic examination, shall be entitled to receive from each teach- 
er applying for such examination the sum of fifty cents. 

Ch. 22 G. S., § 14, as amended by No. 8, p. 13, of 186H. See No. 12, p. 47, §2, 
acts 1870. 

Section 29. It shall be the duty of town superinten- 
dents of common schools to make out and lodge in the town 
clerk's office in their respective towns, annually, on or be- 
fore the first day of February, a list of the names of all 
the teachers to whom they have granted certificates during 
the preceding year, together with the respective dates of the 
certicfiates. 

Ch. 22 G. S., §15. 

Section 30. Whenever, upon personal examination of 
schools, the superintendent of any town shall become satisfied 
beyond a reasonable doubt, that a teacher to whom a certifi- 
cate has been granted, is incompetent to teach or govern his 
school properly, or setting an evil example before his school, 
the superintendent is hereby empowered in his discretion to 
revoke the certificate theretofoie granted to such teacher, by 
filing in the town clerk's office of such town a statement in 
writing of having made such revocation, and delivering a 
copy thereof to the prudential committee and also to the 
teacher whose certificate is so revoked ; and every teacher's 
certificate, that shall have been duly revoked, pursuant to 
the provisions of this section, shall immediately, upon the 
filing of such revocation and reasons therefor, become there- 
after null and void and of no effect ; and such teacher's 
contract with the school district shall become void there- 
from, and it shall not be lawful for the prudential commit- 
tee to pay such teacher for any services thereafter performed 
as teacher unless by a vote of the district. 

Ch. 22 G. S., § 16, as amended by No. 27, p. 39, of 1865. 



COMPILATION OF THE SCHOOL LAWS. 23 

Section 81. When from any cause a vacancy shall occur 
ill the office of town superintendent of common schools in 
any town, the selectmen shall supply such vacancy until a 
new election shall be made ; and the superintendent so ap- 
pointed by the selectmen shall have all the powers and be 
subject to all the duties and requirements of superinten- 
dents elected by the town. 

Ch. 22G. S., §17. 

Section 32. Whenever the selectmen of any town shall 
fail to appoint superintendents of schools as provided in 
section seventeen of chapter twenty-two of the general stat- 
utes, [section 31 of this compilation,] persons desiring 
to teach in said towns may make application for certifi- 
cates of qualification to the superintendent of schools of 
any adjoining town, who shall examine such applicants in 
relation to their qualifications therefor, and if found satis- 
factory, may give his certificate to said applicant in due 
form of law, which certificate shall be valid for one year 
from date thereof in said town where said applicant desires 
to teach. 

No. 7 of 18(;G, p. 12. See § 15 of this Compilation. 
SCHOOL DISTRICTS. 

Section 33. Each organized town in the state shall keep 
and support one or more schools, provided with competent 
teachers, of good morals, for the instruction of the young 
in orthography, reading, writing, English grammar, geogra- 
phy, arithmetic, history, and constitution of the United 
States, and good, behavior ; and special instruction shall be 
given in the geography ^and history, constitution and princi- 
ples of government, of the'state of Vermont. 

Cli. 22 G.'S. § l!>-32 Vt.'224. 



24 COMPILATION OF THE SCHOOL LAWS. 

Section 34. No person under five years of age 5?hall be 
received as a pupil into any })ul)lic school. 

§ 3, No. 11 of 1870, p. 45. 

Section 35. When the inhabitants of any town cannot 
be conveniently accommodated in one school district, it 
shall be the duty of such town, at a legal meeting, notified 
for that purpose, to divide such town into as many school 
districts as shall be judged most convenient ; to define and 
determine their limits, and, from time to time, to divide such 
as are too large, unite such as are too small, or otherwise to 
alter them, and make new districts, as shall be found expe- 
dient. 

(;ii. 22; G. S., §20. 
8 Vt. 402; 10 Vt. 480; 23 Vt. 626; 25 Vt. 311; 37 Vt. 196; 41 Vt. 317: 18()8, 
No. 38, p. 40. 

Section 36. The districts so formed shall be numbered, 
in a regular series, from number one upwards, and shall be 
known and designated by the name of their respective num- 
bers ; and their numbers and description, and all alterations 
made therein, from time to time, shall be recorded in the 
office of the town clerk. 

Ch. 22 G. S., §21. 

Section 37. When it is necessary to organize any school 
district in any town, any three or more of the voters in such 
district may make application in writing to the selectmen of 
such town, and it shall be the duty of the selectmen to give 
notice for a meeting in such district, by posting up a notifi- 
cation thereof, specifying the time and place appointed, and 
the business of the meeting, in one or more of the most pub- 
lic places in such district, at least seven days before the 
time therein specified ; and it shall be the duty of one of the 
selectmen to preside in the meeting until a moderator and 



COMPILATION OP THE SCHOOL LAWS. 25 



clerk shall be chosen ; after which, the district shall be 

deemed to ho legally orgauized. 

Ch. 22 G. S. §22—11 Yt. (J07. 

Section 38. The selectmen of any organized town, on 
the a()|)lication of thiee or more voters, in an adjoining un- 
organized town or gore, may organize school districts in 
such unorganized town or gore, in the manner provided in 
tlie [neceding section of this chapter ; and if more than one 
district is needed, such selectmen may divide such unorgan- 
ized town or gore into as many districts as may be required, 
and may define and determine their limits, and number them 
as provided in sections twenty and twenty-one of this chap- 
ter [sections 35 and 3(5 of this compilation] ; and the select- 
men shall he paid a reasonable compensation for their ser- 
vices by the petitioners. 

Ch. 22G. S., §23. 

Section 39. When any number of inhabitants of two or 
more adjoining towns shall find it necessary or convenient 
to be formed into one district, for the purpose of supporting 
a school, such towns, by a concurrent vote for that purpose, 
may form the territory occupied by such inhabitants into a 
district; and the first meeting may be notified, and the dis- 
trict organized by the selectmen of either of the towns, on 
application in writing for that purpose, by three or more 
voters ; and the meeting shall be notified, and the district 
organized in the same manner as provided in the twenty- 
second section of this chapter [section 37 of tliis compila- 
tion] ; and when organized, such district shall have the 
same powers, and be subject to the same liabilities, as other 
districts. 

Ch. 22G. S., §24. 

Section 40. In case a district shall be formed of- parts 
of two towns, it shall, for all purposes of visitation and re- 



26 COMPILATION OP THE SCHOOL LAWS. 



turns, and for the examination of school teachers, as provi- 
ded in the tenth and eleventh sections of this chapter, [sec- 
tions 23 and 24 of this compilation,] be taken and deemed 
to belong to the county and town in which the school-house 
of such district shall be situated. 

Ch. '22 G. S., §25. 

Section 41. In any school district formed of territories 
or inhabitants l)elonging to two or more towns, the clerk of 
said district shall hereafter make out his returns of the sta- 
tistics of each portion of the district belonging to the seve- 
ral towns, and file them in the town [superintendent's] ofi&ce 
to which each part or portion of said district respectively 
belongs ; in whfch case the returns shall be made in all 
respects agreeably to the provisions of section one hundred 
and ten of this chapter [section 170 of this compilation.] 

Oh. 22 G. S.. § 26, as altered by No. 18, Acts 1872, p. 56. 

Section 42. Any town, by vote in town meeting, may 
set one or more persons, residing in such town, to a school 
district in an adjoining town, if such district shall, by vote, 
consent to receive such persons ; and any persons, so united 
to a school district in another town, shall have the same 
rights, and be subject to the same liabilities, as if they had 
resided in the same town. 

Ch. 22 G. S., §27; 21 Vt. 402; 34 Vt. 156. 

Section 43. Whenever a person residing in a school dis- 
trict in one town shall be set to a school-district in an adjoin- 
ing town, as provided in the preceding section of this chap- 
ter, his property and person shall be taxed, and the taxes 
thereon shall be collected within and for the use of the dis- 
trict to which he shall be set as aforesaid, in the same man- 
ner as said property and person would be taxable, and the 



COMPILATION OF THE SCHOOL LAWS. 27 



taxes thereon collectible in the said district in the town 
wherein he resides, in case he had not been set to said other 
district in an adjoining town. Provided, that said property 
and person shall be taxable as aforesaid only in the district 
to which said person shall be set as aforesaid. 

Ch. 22 G. S., §28. 

Section 44. When a school district shall be oi-ganized, 
it shall have all the powers of a corporation, for the pur- 
pose of maintaining a school in such district ; all persons 
residing in any school disti'ict iji this state, qualified to vote 
in town meetings, and no other pei'sons, shall be legal voters 
in school district meetings. 

Ch. 22 G. S., §2!), ;is amended by No. 39 of 18(i8, p. 40; 35 Vt. 632. 

Section 45. Every male citizen of the age of twenty- 
one years, whose list shall have been taken in any town or 
city at the annual assessment next preceding any town or 
city meeting, and all citizens whose polls are exempt from 
taxation in consequence of their having arrived at the age 
of seventy years, or who may be exempt from taxation by 
the listers on account of poverty, or by reason of any spec- 
ial law exempting them, shall, during their residence in such 
town or city, be legal voters in town meeting. 

No. 50 of 186'J, p. 52. 

Section 46. The listers of the several towns in this state 
shall omit to place in the list the polls of such persons as 
lost an arm, or leg, or their eyesight, while in the service 
of the United States during the last war: provided that 
such omission shall not deprive such persons of the right to 
vote in any town, city, or school district meeting, in which 
they might otherwise be entitled to vote. 

No. 42 of 1870, p. 81. 



28 COMPILATION OF THE SCHOOL LAWS. 



Section 47. No person shall be entitled to vote in any 
town, city, village, or school district meeting, who is not a 
citizen of this state, and a resident of the town, city, vil- 
lage, or school district where said person may claim a right 
to vote. Tiie word " citizen" as used in this act [section], 
shall be construed to mean a person born within this, or some 
one of the United States, or naturalized agreeably to the 
acts of congress, or a person wlio has become a freeman 
of this state, by virtue of the laws in force before June 
26th, 1828. 

No. 12 of 18(!4, p. ;51. 

Section 48. If at any school district meeting, in any 
school district in this state, any person shall ofler or claim 
the right to vote in school district meeting whose vote shall 
be objected to by one or moie legal voters present, for the 
reason that said person is not a legal voter in said district, 
the moderator presiding at such meeting shall not receive 
such vote so objected [to,] until the right of such person to 
vote in such district shall be determined as hereafter provid- 
ed in section two of this act. [Section 49 of this compila- 
tion.] 

§ 1, No. 17 of 1870, p. 54. 

Section 49. Whenever any person's vote or right to 
vote in any school district meeting shall be objected to, as 
mentioned in section one of this act, the moderator presid- 
ing at such meeting, the clerk and such members of the 
prudential committee as may be present, shall consider and 
decide the question of said claimant's right to vote in said 
meeting, and his vote shall thereupon be received or reject- 
ed, as may by them be determined. 

§ 2, No. 17 of 1870, p. 54. 



COMPILATION OP THE SCHOOL LAWS. 29 

Section 50. The provisions of this act shall not in any 
way aflect the rights of any person in law or equity in any 
suit or proceeding concerning school districts and the votes 

thereof. 

§3, of No. 17 of 1870, p. r)4. 

Section 51. Any school district may, by vote at a meet- 
ing duly warned and liolden for that purpose, authorize the 
prudential committee or trustees of such district to estab- 
lish an evening school or schools in such district, and make 
all necessary arrangements and provisions therefor, in the 
same manner as day schools are now sustained ; and each 
session of such evening school shall be treated and consid- 
ered as a half-day session of a public school. 

§ 2, No. 37 of 1874, p. fiS. 

Section 52. The several school districts in this state 
shall have povv^er at their annual meetings to designate the 
number of weeks during which the winter and summer 
schools shall be sustained in such districts, and appoint the 
time for the commencement of such schools. And in case 
the prudential committee of such districts shall refuse or 
neglect, for more than two weeks after the time thus ap- 
pointed, to provide such schools, in compliance with such 
direction, such districts may, at any legal meeting warned 
for that purpose, declare the office of prudential committee 
in such district vacant ; and thereupon such offices shall be- 
come legally vacant, and such districts may then proceed to 
fill such vacanc}'^, by the election of a prudential committee, 
who shall thereafter be clothed with all the powers, and sub- 
ject to all the duties and liabilities they would have been 
liable to if elected at the annual meeting of such districts. 

Ch. 22 G. S., § .30. 



80 COMPILATION OP THE SCHOOL LAWS. 

Section 53. The several school districts shall be author- 
ized to take and hold any estate, real or personal, conveyed to 
them for the purpose of supporting schools in such districts, 
and may take care of, dispose of, and appropriate the same for 
such purpose ; and may commence and prosecute any action 
against any person for the non-performance of any contract 
made with them, or for any damage done to their property, 
and may be sued for the non-performance of any contract 
made by them. 

Ch. 22 G. S., § 31. 

Section 54. The officers of each school-district shall be 
a moderator to preside in the meetings, a clerk, a collector 
of taxes, a treasurer, one or three auditors, and a pruden- 
tial committee consisting of one or three legal voters in such 
district, all of which officers sliall be elected at the annual 
school-meeting, which shall be held on the last Tuesday of 
March of each year, and their term of office shall commence 
at the time of their election, and continue until others are 
chosen ; and the duties of the treasurer and auditors shall 
be identical with the duties of the town-treasurer and town- 
auditors, in their respective school-districts. 

Ch. 22, § 32, G. S., as amended by No. 12 of 1872. No. 18 of 1867, p. 26. 
11 Vt. 618; 20 Vt. 487; 23 Vt. 416; 32 Vt. 769. 

Section 55. The several collectors of school districts in 
this state, before entering upon the duties of their respec- 
tive offices, if required thereto by a vote of their districts 
respectively, shall give bonds to such districts for the faith- 
ful performance of such duties, in such sum and with such 
sureties as such districts may require. 

§ 1, No. 18 of 1867, p. 26. 

Section 56. If any such collector shall neglect for the 
space of ten days to give bonds as required in the preceding 



COMPILATION OF THE SCHOOL LAWS. 31 

section of this act ; or if any person chosen to the office of 
collector of taxes in any school district shall, upon the re- 
quest of the prudential committee of such district, refuse to 
perform the duties of such office, his office shall be vacant. 

§2, No. 18ofl,S()7, p. 2i>. 

Section 57. The prudential committee of any school- 
district in this state may require the collector of taxes in 
their district, before he enters upon the duties of his office, 
to give bonds to the district for the faithful performance of 
his duties, in a sufficient sum with good and sufficient sure- 
ties. And if any persor. chosen to the office of school-dis- 
trict collector in any school-district in this state shall, after 
being requested by the committee to give such bond, neglect 
for ten days next succeeding such request, his office shall 
be vacant. 

No. 18 of 1870, p. 55. 

Section 58. Whenever any school district shall raise a 
tax, such school district may, by vote passed at the same 
meeting, direct the collector of taxes to deduct such per 
cent, as shall be fixed by said vote from the tax of every 
tax-payer who shall pay his or her tax, by a day fixed by 
said vote. 

§ 1, No. 14 of 1874, p. 27. 

Section 59. The collector of taxes shall notify the tax- 
payers of such school district at what time and place he will 
attend to receive taxes so voted, and allow such deduction 
by posting notice thereof in three public places in said dis- 
trict, and by causing the same to be published in each news- 
paper that may be printed in said district, at least ten days 
before the time named in such notice. 

§2, No. 14 of 1874, p. 27. 



32 COMPILATION OF THE SCHOOL LAWS. 

Section 60. Every tax-payer who shall neglect to pay 
his or her tax on or before the day named in such vote, 
shall not be entitled to sucli deduction, and the collector 
shall collect the whole tax of such delinquent tax-payer in 
the manner now by law provided. 

§ .^, No. U of 1874, p. 27. No. 11 of 1874, p. 24. 

Section 61. All collectors of school district taxes shall 
on request in writing signed by one or more of the pruden- 
tial committee of such school district, pay to the treasurer 
of such school district all moneys belonging to the same by 
hira collected up to that time, and submit his tax-book and 
list to said treasurer for inspection and computation. 

§2, No. 11 of 1874, p. 24. 

Section 62. Any collector neglecting or refusing for the 
space of ten days to perform the duties required by sections 
one and two of this act, sliall be liable to a fine of one hun- 
dred dollars for each neglect or refusal ; and such fine may 
be recovered in an action upon this statute in favor of such 
town or district. 

§ 3, No. 11 of 1874, p. 24. 

Section 63. Any school district may elect the first con- 
stable in any town to be the collector of taxes in such district, 
if such constable shall choose to accept such office, notwith- 
standing such constable may not be an inhabitant of such 
district ; and so elected and accepting, such constable shall 
have all the powers and be suliject to all the duties which, 
by law, are vested in or imposed upon school district col- 
lectors. 

Ch. 22 G. S., §33. 

Section 64. In case of the death, absence or disability 
of the moderator of a school district, at any meeting legal- 



COMPILATION OF THE SCHOOL LAWS. 83 

\y warned, a moderator pro tempore may be chosen to pre- 
side in said meeting. 

Ch. 22 G. S., §34. 

Section 65. When, from any cause, a vacancy shall oc- 
cur in the offices of clerk, collector of taxes, treasurer, or 
prudential committee, of any school district in any town in 
this state, the selectmen shall appoint a suitable person, resi- 
dent of said district, to fill such vacancy, until a new election 
shall be made ; and the officers so appointed shall have all 
the powei's, and be subject to all the duties, requirements 
and liabilities, as they would be if chosen by such school 
district ; and in all cases of vacancy which have occurred, 
or may occur, the school district may make a new election, 
at a special meeting thereof, notwithstanding the appoint- 
ment by the selectmen. 

Ch. 22 G. S., §35, as amended by No. 3G of 1868, p. 38; 11 Vt. 618; 26 Vt. 
503; 39 Vt. 598. 

Section 66. In the absence or disability of the clerk of 
any school district, it shall be the duty of the prudential 
committee of such district to discharge the duties imposed 
on clerks of school districts in this chapter. 

Ch. 22 G. S., §36. 

Section 67. It shall be the duty of the clerk of each 
school district in this state to keep a fair record of all votes 
and proceedings of school meetings in their respective dis- 
tricts, and to certify the same when required ; and every 
district clerk, and every prudential committee discharging 
the duties of a district clerk, who shall willfully violate the 
provisions of this section, shall be subject to the penalty 
imposed in section fifty-eight of this chapter [section 105 
of this compilation]. 

Ch. 22, §37, G. S., as amended by No. 39 of 1874, p. 69. 

3 



34 COMPILATION OF THE SCHOOL LAWS. 

Section «68. The clerks in the several school districts in 
each town, shall, annually, in the month of February, ascer- 
tain from actual inquiry or otherwise, all the births and 
deaths which have happened in their respective districts dur- 
ing the year next preceding the first day of January, to- 
gether with such facts concerning the births and deaths as 
are required by the preceding section of this chapter, and 
shall make an accurate return thereof to the town clerk of 
the town in which such school district is situated, on or be- 
fore the first day of March ; and the district clerk, or other 
person or persons authorized to perform his duties and make 
such returns, shall be entitled to receive from the treasury 
of such town ten cents for each and every birth and death so 
returned. And the selectmen of the several towns shall draw 
orders on the treasurer of their respective towns for the pay- 
ment thereof to the aforesaid clerks. And if such person shall 
neglect or refuse to make the returns required by this sec- 
tion, he shall be liable to a fine of not less than five dollars 
for each neglect or refusal. 

No. 35 of 1865, p. 45, as amended by No. 49 of 1868, p. 49. 

Section 69. The clerks of the several school districts 
in this state, for making returns of births and deaths, as 
now required by law, shall receive as compensation therefor, 
the sum of fifteen cents for each birth and death so returned. 
Provided, that in case their returns are incomplete or incor- 
rect, they shall forfeit all compensation therefor, and be lia- 
ble to a fine of not less than five dollars. 

§ 1, No. 49 of 1868, p. 49. 

Section 70. It is hereby made the duty of the select- 
men of the several towns in this state, to draw an order on 
the treasurer of their respective towns, to pay the compen- 
sation aforesaid, on the presentation to them of a certificate 



COMPILATION OF THE SCHOOL LAWS. 35 

from the town clerk that the returns have been make accord- 
ing to law. 

§2, No. 40oE18()8, p. 49. 

Section 71. It is hereby made the duty of the several 
town clerks in this state, to carefully examine the returns 
of births and deaths made to them by the clerks of the sev- 
eral school districts in their respective towns ; and in case 
the returns are in all respects made up and returned agree- 
ably to law, they shall furnish to each school district clerk, 
so complying with the requirements of law, a certificate 
which shall entitle him to the compensation aforesaid ; and 
in case such returns are incomplete or incorrect, they shall 
forthwith cause prosecutions to be commenced against such 
delinquent school district clerk, in the name of the state, to 
recover any penalty or forfeiture imposed by the provisions 
of this act. 

§ 3, No. 49 of 1868, p. 49. 

Section 72. The clerk in each school district shall, an- 
nually, in the month of January, make a correct list of the 
names and ages of all persons between the ages of five and 
twenty years, resident in his district on the first day of Jan- 
uary, with the names of heads of families and whole num- 
ber of persons under twenty in each, and return the same to 
the town superintendent on or before the thirty-first day of 
January. He shall also prepare and return therewith a tab- 
ulated abstract of the same, exhibiting the following items : 

1. The whole number of families in the district. 

2. The whole number of families having children under 
twenty years of age. 

3. The whole number of children under twenty. 

4. The number of children under five, between five and 
ten, between ten and fifteen, and between fifteen and twenty, 



86 COMPILATION OF THE SCHOOL LAWS. 

respectively ; and clerks of school districts shall receive for 
their services in making such list two cents for each and ev- 
ery name of a child not less than five nor over twenty years 
of age, so returned by them, and also two cents per name 
for heads of families so returned by them ; and prudential 
committees are hereby authorized to draw their orders on 
school district treasurers for the same. 

§ 1, No. 11 of 1870, p. 89, as altered by No. IS of 1872, § 4, p. 57. 

Section 78. In towns not divided into districts the du- 
ties prescribed in section one shall devolve on the clerk of 
the school board, who shall also collect the statistics of 
births and deaths required by section two of chapter seven- 
teen of the general statutes. 

§ 2, No. 11 of 1870, p. 45. 

Section 74. The school year for the purpose contempla- 
ted in this chapter, shall be taken as commencing on the first 
day of April in each year and ending on the last day of 
March following. 

Ch. 22 G. S., §38. 

Section 75. It shall be the duty of the prudential com- 
mittee to keep each school-house in their district in good 
order, at the expense of the district ; and in case there shall 
be no school-house, to provide a suitable place for each 
school at the expense of the district ; to see that fuel and 
furniture, and all appendages and things necessary for the 
advantage of the school, be provided ; to appoint and agree 
with a teacher to instruct the school, and remove him when 
necessary ; and adopt all requisite measures for the inspec- 
tion, examination, and regulation of the school, and for the 
improvement of the scholars in learning. Provided, how- 
ever, in case there shall exist any disagreement or differ- 



COMPILATION OF THE SCHOOL LAWS, 37 

ence between the measures adopted by the prudential com- 
mittee for the inspection, examination, and regulation of the 
school, and for the improvement of the scholars in learning, 
and the measures adopted therefor by the town-superintend- 
ent, the measures adopted by the town-superintendent shall 
govern. 

Ch. 22 (i. S., § ;«). Proviso added by No. 17 of 1872. 
20 Vt. 487; 24 Vt. 528; 30 Vt. 155; X5 Vt. 77; 37 Vt. 497: 37 Vt. 521; 38 Vt. 529. 

Section 76. If any school district shall, for the period 
of six months next after the time fixed by law for the annu- 
al school meeting, omit or neglect to cause a common school 
of some grade to be taught in such district for at least two 
months, by means of such omission or neglect, all the offices 
of said district shall be vacated ; and on the application of 
any two legal voters in said district, the selectmen of the 
town in which such district is located shall proceed to fill 
such vacancies as is provided fi)r by law in the case of va- 
cancies in such offices otherwise occurring ; and it shall be 
the duty of the prudential committee to sustain a sufficient 
school in such district at least four months in each school 
year, at the expense of such district, and such committees 
shall have all the powers given by law to prudential com- 
mittees duly elected in legal school meeting ; and such com- 
mittee is hereby further empowered, without previous vote 
of such district, to assess a tax upon the grand list of such 
district for the amount necessary to sustain such school for 
the four months specified, and make out a rate-bill therefor, 
and proceed in all respects in the collection and disburse- 
ment thereof, as though directed so to do by a previous vote 
of a legal school meeting in such district. 

And it is further provided, if any district, either by vote 
or otherwise, shall fail to commence and maintain a term 
of school, within four weeks from the tenth day of Novem- 



38 COMPILATION OF THE SCHOOL LAWS. 

ber in each year, and within four weeks from the first day . 
of May in each year, or shall fail to provide and keep in 
proper repair a suitable place for both winter and summer 
school, the selectmen of the town, on the application of any 
two legal voters in the district, and upon hearing of the 
parties, may declare all offices in the district vacant, and 
thereupon shall proceed to provide a suital)le jilace for a 
winter and summer school, and may employ some suitable 
person to teach school in said district, for a period not less 
than three months ; and to defray the expenses, they may 
lay a tax on the district in the manner now provided by 
law, by prudential committees, and may appoint a collector 
of taxes, and clerk, who shall have the same poweis and 
perform the same duties as are now pi'ovided for school dis- 
trict collectors and clerks. 

And provided further, that the foregoing provision shall 
not apply to any district which shall have maintained two 
terms of school in said district, of not less than ten weeks 
each, after the first of May and previous to the last day of 
December in such year, agreeably to a vote of the inhabi- 
tants of such district, at the preceding annual meeting 
thereof. 

Ch. 22 G. S., §40, as amended by No. 5 of Ism, p. 11. 

Second proviso enacted by No. 14 of 1870, p. 50. 

35 Vt. 632. 

Section 77. The meetings of a school district shall be 
appointed and notified by the clerk, on application to him 
in writing, by three or more lega,l voters of the district; 
and in case of the absence or neglect of the clerk, one or 
more of the prudential committee shall appoint and notify 
such meetings on such application ; and the meetings shall 
be notified by posting up notices in one or more of the most 
public places in the district, specifying the time, place, and 



COMPILATION OF THE SCHOOL LAWS. 39 

object of the meeting, at least seven and not more than 
twelve days before the time therein specified for the meet- 
ing; and every district clerk or prudential committee who 
shall willfully violate the provisions of this section, shall 
be subject to the penalty imposed in section fifty-eight of this 
chapter [section 105 of this compilation]. 

Ch. 22 G. S., §41. 
1-1 Vt. 300: 16 Vt. 439; 17 Vt. 337; 20 Vt. 487: 22 Vt. 30fl. 

Section 78. The annual meeting of a school district 
may be appointed and notihed by the clerk of said district 
without any application to him therefor by any of the vo- 
ters of the district ; and such annual meeting shall be noti- 
fied in the manner provided by law for the notification of 
special school district meetings. And in case of the absence 
or neglect of the clerk, one or more of the prudential com- 
mittee may appoint and notify such annual meeting as afore- 
said, without any application to him therefor by any of the 
voters of the district. 

Ch. 22G. S.,§42. 

Section 79. The several school districts may, by a vote 
in a legal meeting appointed and notified as required in the 
forty-first section of this chapter [section 77 of this com- 
pilation], raise money by a tax on the grand list of the dis- 
tricts for the purpose of erecting, repairing, and furnishing 
a school house, or to purchase or hire a building to be used 
as a school-house, and to purchase land for a school-house 
to stand upon, and for yards, and for the necessary erection 
of outbuildings thereon, and for the accommodation of the 
same, and to support a school in such district, as may be 
judged necessary or expedient. 

Ch. 22 G. S., § 43, as amended by No. 16 of 1870, p. 53. 
23 Vt. 416; 31 Vt. 337; 32 Vt, 769; 43 Vt. 362; 43 Yt. 207; 43 Vt. 123, 



40 COMPILATION OF THE SCHOOL LAWS. 



Section 80. Each'district may also determine, by a vote 
of two-thirds of the legal voters present, in what place and 
in what part of the district the school house shall be located, 
and may choose a committee to superintend the l>uilding, 
repairing, or purchasing of such school house, for procuring 
the necessary furniture and utensils for the same ; and if 
the voters in any district cannot agree upon the location of 
the school house, the selectmen of the same town, on appli- 
cation to them by the prudential committee, may fix upon 
the place for the school house in such district. 

Ch. 22 G. S., §44. 
43 Vt. 362; 43 Vt. 207. 

Section 81. When a tax-bill shall be laid, or ordered 
by vote of any district, for the purpose mentioned in this 
chapter, all real estate shall be taxed iu the district in which 
it is situated. 

Ch. 22 G. S., §45. 

Section 82. If any school district shall omit or neglect 
to provide a suitable school house for such district, for the 
period of two years next previous to the application herein 
provided, on application in writing of thi'ee legal voters in 
such district, to the selectmen of any town in which such 
district is located, such selectmen shall appoint a time and 
place when such application shall be heard by said select- 
men, and shall cause such applicants to give notice of such 
application, and of the time and place of hearing, to such 
school district, by service of such notice in the same manner 
as writs of summons, at least twenty days before such 
hearing. 

§ 1, No. 60 of 1864, p. 67. 

Section 83. Such selectmen shall carefully investigate 
the matter set forth in such application, and if, in their 



COMPILATION OF THE SCHOOL LAWS. 41 



opinion, such district is guilty of negligence in the prem- 
ises, and the interests of education in such school district so 
require, such selectmen shall order such district to build a 
school house, which order shall he served on such district 
in the same manner as ordinary process in civil causes. 

§ 2, No. 60 of 1864, p. 67. 

Section 84. If any school district shall neglect, for the 
period of six months after the service of such order, to di- 
rect, by vote of a legal school meeting of said district, a 
school house to be built in compliance with such order, and 
shall, for the same period of time after the service of such 
order, omit to raise money for the purpose of building such 
school house, the selectmen of such town making such order 
shall be and they are hereby empowered, to assess a tax 
upon the grand list of such school district, for an amount 
necessary to build such school house, and make a rate bill 
therefor, and proceed in the collection thereof in the same 
manner as is provided by law for the collection of town 
taxes ; and said tax shall be collected by the first constable 
of such town, and paid over to such selectmen, and by them 
appropriated in building such school house. 

§ 2, No. 60 of 1864, p. 67. 

iSECTiON 85. All proceedings under this act shall be rec- 
orded in the town clerk's ofl&ce of any town in which such 
district is located, and copies of such record certified by 
the clerk of such town shall be legal evidence thereof. 

§ 4, No. 60 of 1864, p. 67. 

Section 86, At any meeting of any school district, le- 
gally warned, the legal voters in such district may instruct 
the prudential committee to omit, in making up the tax-bill 
for the support of schools, the names of such persons as are 



42 COMPILATION OF THE SCHOOL LAWS. 

not able to pay their proportion of such tax ; two thirds of 
the voters present assenting thereto. 

Ch. 22 G. S., §46. 

Section 87. The prudential committee shall, as soon 
after the vote of the district for that purpose as the circum- 
stances of the case may require, assess a tax for the amount 
voted to be raised on the list of the inhabitants of such dis- 
trict, and on lands in such district belonging to persons liv- 
ing out of it, and make out a rate-bill of the same ; and 
any justice of the same county shall, on application for that 
purpose, make out a warrant in due form of law, directed 
to the collector of such district, authorizing and requiring 
him to levy and collect such tax, within the time limited 
therein, and pay the same to the treasurer of such district. 

Ch. 22G. S., §47. 
31 Vt. 337; 32 Vt. 769; 34 Vt. 94; 34 Vt. 156. 

Section 88. All school-district tax-bills shall be made 
payable to the treasurer ; and the selectmen, upon making 
a division of the public school money, shall make the or- 
ders of the same payable to the treasurers in the several 
school-districts ; and the prudential committees of the sev- 
eral school districts shall draw orders for all sums due from 
said districts upon the respective treasurers thereof. 

Ch. 22 G. S., §48. 

Section 89. When such tax-bill and warrant shall be 
delivered to the collector, it shall be his duty to proceed in 
levying and collecting such tax in the same manner, and he 
shall have the same power, as provided by law for collectors 
in collecting town taxes ; and shall, within the time limited, 
collect and pay the same to the treasurer, to be applied to 
the purposes authorized by the vote of the district. 

Ch. 22 G. S., §49. 



COMPILATION OF THE SCHOOL LAWS. 43 

Section 90. All expenses incurred by school-districts for 
the support of schools, shall be defrayed by a tax upon the 
grand list of said district. 

Ch. 22 G. S., § 50, as amended by No. 61 of 1864, p. 69. 

Section 91. The grand list to be completed on the 15th 
day of May for the assessment of town and highway taxes, 
shall bo the list on which all school district and village 
taxes voted on the first day of March, or at any time there- 
after within one year, shall be assessed. 

Ch. 8 G. S., §07. No. 12 of 1874, p. 25. 

Section 92. The prudential committee of any school dis- 
trict shall liave the same authority to enforce the collection 
and payment of the money voted and assessed by such dis- 
trict, as the treasurer of the town by law has, for enforcing 
the payment and collection of town taxes. 

Ch. 22 G. S., §51. 

Section 93. The legal voters in any district, at a legal 
meeting warned for that purpose, may remit or make aliate- 
ment on any tax-bill made out for the collection of taxes 
assessed by such district, to an amount not exceeding five 
per cent, of the same, two thirds of the voters, present at 
such meeting, agreeing thereto. 

Ch. 22 G. S., §52. 

Section 94. When any school district shall have been 
formed from territory or inhabitants belonging to two or 
more towns, the inhnbilants of such district, belonging to 
either town, may, if there shall be sufficient cause for it, 
procure their union with the other towns to be dissolved ; 
and, for that purpose, three or more of the legal voters may 
make application to a judge of the county court of the same 
county, whose duty it shall be to appoint three justices of 



44 COMPILATION OF THE SCHOOL LAWS. 



the same county, not inhabitants of either town in interest, 
to inquire into the circumstances of the case. Provided^ 
that where a less number than three legal voters reside 
within the limits of such fractional part of said district, in 
either town, then any one legal voter, so applying for such 
relief, shall be entitled to the remedy provided in this sec- 
tion. 

Ch. 22 G. S., §52. Proviso added by No. 37 of 1868, p. 39. 
34 Vt. SSi; 34 Vt. 156. 

Section 95. If, in the opinion of such justices, it shall 
be expedient to dissolve such district, they shall order the 
same to be dissolved, and shall make a certificate thereof, 
and leave the same in the oflBce of the town clerk of each 
town interested, to be recorded; and shall thereupon order 
a distribution of the property belonging to such district, to 
the inhabitants thereof, residing in the several towns, and 
may order the payment of such damages by, or to, the in- 
habitants of either town, as shall be just and equitable. 

Ch. 22G. S., §54. 

Section 96. The inhabitants of each town, after the sep- 
aration, shall be deemed a legal school district, and may 
become organized in the manner provided for the organiza- 
tion of other districts, and may by vote assume a corporate 
name, unless a corporate name shall otherwise have been 
given to it, and may receive, recover, and take care of such 
damages or property as may be awarded to it by the jus- 
tices. 

Ch. 22G. S., §55. 

Section 97. No division, alteration, or enlargement of 
the limits, or uniting of any school districts in this state, 
heretofore made, or hereafter to be made, shall have the 
efiect to dissolve or merge said school district or districts 



COMPILATION OP THE SCHOOL LAWS. 45 

until all debts and liabilities due from and to such district 
or districts, so divided, altered, enlarged, or united, shall 
have been fully settled and paid ; and the same right of ac- 
tion, in favor of or against such school districts, shall ex- 
ist, and may be enforced in the same manner and to the 
same extent, as though such school district or districts had 
not been divided, altered, enlarged, or united ; and all the 
officers of such districts, in office at the time of such divis- 
ion, alteration, enlargement, or union, shall continue in 
office, with all such powers as may be necessary for the ser- 
vice of process, calling district meetings, settling claims in 
favor of and against said districts, levying, assessing, and 
collecting taxes to pay liabilities, and fully to close up the 
concerns of such districts, and for those purposes only, un- 
til all debts and claims of such districts are fully settled 
and paid. 

No. 38 of 1868, p. 40. 

Section 98. Any school district of this state, at any le- 
gal meeting called for the purpose, shall have power to al- 
low the use of the school house of such district for meet- 
ings for religious worship, lectures, and other similar pur- 
poses, when not needed for school purposes. 

No. 10 of 1872, p. 49; 43 Vt. 207. 

Section 99. Whenever the inhabitants of any school dis- 
trict may be so situated as to be most convenintly accommo- 
dated for school purposes in some public school in a school 
district in an adjoining state, such school district in this 
state may, by vote in a meeting warned for that purpose, 
authorize the prudential committee to arrange with the school 
officers of such adjoining district for the schooling of the 
legal scholars of such district in this state, for a time not 
exceeding twenty-six weeks in any one year ; and in case 



46 COMPILATION OF THE SCHOOL LAWS. 

such scholars are thereby provided with not less than twenty 
weeks schooling within the school year, it shall be deemed 
and held that such district in this state has supported a 
school, and may assess and collect a tax to defray the ex- 
penses of such schooling, and shall be entitled to their law- 
ful share of the public moneys. 

No. 11 of 1872, p. 49. 

Section 100. That any school district in this state, in 
which any academy is located, or any district adjoining said 
first mentioned district, is hereby authorized, at any legal 
meeting of such district duly warned for that purpose, which 
said meeting shall require at least twenty days' notice before 
the same is holden, to authorize and direct the prudential 
committee of such district to make any arrangement or 
agreement with the officers of said academy, to instruct in 
said academy all or part of the scholars belonging to such 
district, in all studies which are required by law to be 
taught in common schools, and such other instruction as is 
provided by law in case of graded schools. 

§ 1, No. 9 of 1869, p. 13. 

Section 101. This act shall not be construed so as to 
give to said district the right in any manner to shorten the 
time required by law for maintaining common schools, or to 
make any contract or agreement with the officers of the cor- 
poration of any academy that shall be binding upon said dis- 
trict for any longer term than two years, and shall at all 
times be under the control of future legislation. 

§ 2, No. 9 of 1869, p. 13. 

Section 102. Nothing in this act shall be construed to 
abridge the right of the school districts to receive the public 
money for attendance at such academy, the same as is now 
received for attendance upon the common schools. 

§ 3, No. 9 of 1869, p. 13. 



COMPILATION OP THE SCHOOL LAWS. 47 

Section 103. Any school-district, heretofore organized 
according to previous laws, shall remain a legal school-dis- 
trict, subject to the provisions of this chapter ; and the offi- 
cers which shall have been appointed, shall have the same 
power, perform the same duties, and be subject to the same 
liabilities, as are provided in this chapter. 

Ch. 22G. S., §56. 

Section 104. If any district clerk shall willfully neglect 
to make such return of the number of scholars in his dis- 
trict, as is required in this chapter, or shall knowingly and 
willfully make a false return, he shall forfeit and pay to the 
town, for the use of schools in such town, a sum equal to the 
amount of moneys which his district would have been enti- 
tled to draw from the treasury of the town during the year 
in which the offence shall be committed, to be recovered in 
an action in the name of the town, with costs. 

Ch. 22 G. S., §57. 

Section 105. If any district clerk or prudential com- 
mittee, whose duty it shall be to warn a meeting of any 
school district, for the purpose of choosing the necessary 
officers, or for other purposes, shall neglect or refuse to 
warn such meeting, for the space of ten days after applica- 
tion shall have been made to them in writing, by three or 
more legal voters belonging to such district, the person so 
offending shall forfeit and pay, for the use of the school in 
such district, twenty dollars for each delay of ten days, to 
be recovered in an action in the name of such district, with 
costs. 

Ch. 22 G. S., §58. 

Section 106. If any prudential committee, in any school- 
district in this state, shall pay out of the moneys of said dis- 
trict to any teacher employed therein, who has not obtained 



48 COMPILATION OF THE SCHOOL LAWS. 

a certificate of qualification from the town superintendent in 
the manner required by law, or in case there shall be no 
town superintendent in such town, from the superintendent 
of some other town in the same county, such committee shall 
be liable to such district for all such moneys so by him or 
them paid, to be recovered in an action on the case, prose- 
cuted in the name of such district ; and it is hereby made 
the duty of the town agent of the town wherein such dis- 
trict is situated to prosecute all such actions to effect, at the 
expense of and in the name and for the benefit of such dis- 
trict. 

Ch. 22 G. S., §59. 

Section 107. Any contract for teaching hereafter made, 
between the prudential committee of any school-district and 
any common school teacher, shall be null and void, if 
the said teacher shall have failed to obtain a certificate of 
qualification of the superintendent of the town in which 
such district shall be situated, as provided for in the elev- 
enth section of this chapter, [section 24 of this compila- 
tion,] before the commencement of the school for which such 
contract shall have been made. 

Ch. 22 G. S., § 60. 1874, No. 35, § 3. 
20 Vt. 495; 26 Vt. 115; 27 Vt. 281; 28 Vt. 575; 29 Vt. 433; 30 Vt. 586; 34 Vt. 
270; 35 Vt. 520; 41 Vt. 353; 46 Vt. 453. 

HIGH, OR CENTRAL, OR GRADED SCHOOLS. 

Section 108. When the children of any school district 
shall have become so numerous as, in the opinion of the 
prudential committee, to require more than one teacher, the 
clerls of such district shall, on application of such commit- 
tee, call a meeting of such district, for the purpose of as- 
certaining the views of the district thereon. 

Ch. 22 G. S., §61. 



COMPILATION OP THE SCHOOL LAWS. 49 

Section 109. If, at such meeting, a majority of the le- 
gal voters shall vote to have two or more schools in the dis- 
trict at the same time, such district may vote to erect as 
many school houses in the district as shall be found neces- 
sary, and shall, by vote or in such other manner as the legal 
voters present may determine, fix on the location of such 
school house or houses. 

Ch. 22 G. S., §02. 

Section 110. Any such district so composed of several 
schools niay by a vote of a majority of such district, at any 
meeting legally warned for that purpose, direct the teacher 
of the higher or central school of the district to teach any 
of the sciences or higher branches of a thorough education, 
which may not, by existing laws, have been authorized. 

Cli. 22 G. S., §63. 

Section 111. The prudential committee of such district, 
or a committee appointed for that purpose, shall have power 
to examine as to the age and qualifications of the children, 
and designate the school they shall each attend. 

Ch. 22 G. S., §64. 

Section 112. Children not residing in such district shall 
not be permitted to attend the higher school of such district, 
except with the consent of the prudential committtee, who 
may prescribe the terms upon which they maybe admitted. 

1867, No. 16, p. 23; 1868, No. 33, p. 36; 1868, No. 35, p. 38; 1869, No. it, p. 
13; 1869, No. 10, p. 14. 

Ch. 22 G. S., §65. 

Section 113. Any town is hereby authorized to establish 
and maintain one or more central schools, for the education 
of advanced pupils of the several districts ; provided, that 
such town shall, at their annual March meeting, vote to es- 
tablish such central school or schools. 

§ 1, No. 16 of 1867, p. 22. 



50 COMPILATION OP THE SCHOOL LAWS. 



Section 114. Whenever any town shall vote for the es- 
tablishment of a central school or schools, as aforesaid, a 
prudential committee of not more than three of the citizens 
thereof shall be elected for each central school, whose duties 
and prerogatives shall be the same as those of the pruden- 
tial committee of union districts, and they shall hold their 
offices for one year from the first Tuesday of March in each 
year, and until others are elected. 

§ 2, No. 16 of 18G7, p. 22. 

Section 115. When any town shall establish a central 
school or schools, in pursuance of this act, the town treas- 
urer and town collector thereof shall perform the same du- 
ties in relation to the central school or schools as are now 
incumbent upon the treasurers and collectors of school dis- 
tncts. 

§ 3, No. IG of 1867, p. 22. 

Section 116. For the support of such central school, 
each pupil shall pay to the town treasurer such sum per 
term for tuition as the prudential committee may deter- 
mine,' and which sum shall be fixed at the commencement 
of the term, and shall not be altered during the continuance 
of said term ; provided, that the said prudential committee 
may charge to non-resident pupils for tuition per term such 
sum as they shall deem just. 

§ 4, No. 16 of 1867, p. 22. 

Section 117. If the sums received for tuition are not 
sufficient to maintain such central school, and pay the ex- 
penses incurred, for such number and length of terms as 
said prudential committee shall direct, then said prudential 
committee may assess a tax on the grand list within the lim- 
its of said central school district for the balance required to 
pay the expenses of said school, and issue a warrant to the 



COMPILATION OF THE SCHOOL LAWS. 51 

collector of taxes, authorizing him to collect the same ; and 
the metes and bounds of such central school district shall 
be fixed by any town meeting legally warned for that pur- 
pose. 

§ 5, No. 16 of 1867, as amended by No. 10 of 1869, p. 14. 

Section 118. When more than one central school is es- 
tablished in the same town, in pursuance of this act, the 
metes and bounds of each central school district shall be 
fixed by any town meeting, legally warned for that pur- 
pose ; and in assessing taxes, for deficiencies to maintain the 
respective central school, the said assessments shall be made 
by the prudential committee thereof, on the grand list within 
the limits of said central school district. 

§ 6, No. 16 of 1867, as amended by No. 35 of 1868, p. 38. 

Section 119. Any town providing a central school or 
schools, in pursuance of this act, shall have all the powers 
of union districts, mentioned in chapter twenty-two, section 
seventy-two, of the general statutes. 

§7, No. 16 of 1867. 
UNION DISTRICTS. 

Section 120. Any two or more contiguous school-dis- 
tricts in this state may associate together and form a union 
district, for the purpose of maintaining a union school, to be 
kept for the benefit of the older children of such associated 
districts, if the inhabitants of each of such districts shall, 
at legal meetings called for that purpose, agree to form su'^h 
union by a vote of two thirds of the legal voters thereof, 
present at such meeting. 

Ch. 22 G. S., § 66. See No. 33 of 1868, p. 36. 

Section 121. The several union districts in this state, in 
the distribution of the public school money, by the several 



62 COMPILATION OF THE SCHOOL LAWS. 



towns in which such union districts may be situated, as to 
that part which is to be distributed for attendance of schol- 
ars, shall be accounted as a common school district, and 
shall receive a proportionate share of the public school 
money, under the same regulations and conditions that are 
provided for common school districts. Provided^ however, 
that nothing in this section shall be construed as aftecting in 
any way the provisions of " an act to enlarge the powers of 
the Montpelier Union District," approved November 21, 
1859. 

Ch. 22 «. S., §67. 

Section 122. Every union district thus formed shall be 
a body corporate, with the corporate powers of other school 
districts, in relation to prosecuting and defending suits at 
law, and holding real and personal property ; and shall be 
called by such name as said district at its first meeting shall 
determine. 

Ch. 22 G. S., §68. 

Section 123. The first meeting of such union district 
shall be called in such manner, and at such time and place, 
as may be agreed upon by the associate districts respectively, 
by a vote of the same, at the time of forming such union. 

Ch. 22 G. S., §69. 

Section 124. Such union district, at the first meeting 
thereof, shall choose by ballot a clei-k, who shall perform 
the same duties as are prescribed in relation to the clerks 
of other school districts, and shall hold his office until 
another shall be chosen in his stead. 

Ch. 22G. S., §70. 

Section 125. The several union school-districts shall 
hold their annual meetings for the election of officers on the 
first Wednesday after the last Tuesday of March in each 



COMPILATION OF THE SCHOOL LAWS. 53 

year ; and the term of office of tlie officers then elected 
shall coutiiuie for one year, and until others are elected. 

Ch. 22 G. S., §7L 

Section 126. Such union district may, at any legal 
meeting called for that purpose, raise money for erecting, 
purchasing, renting, or repairing any building to be used as 
a school-liouse for the union school aforesaid, and purchas- 
ing or renting land for the use and accommodation thereof; 
also, for purchasing fuel, furniture, and other necessary ar- 
ticles for the use of said school, and in assessing and col- 
lecting a tax or taxes for the al)Ove purposes, the like pro- 
ceedings shall be had as are prescribed by law for other 
school-districts ; said district may also determine where said 
school-house shall stand, and in case the location thereof 
should not be so determined by said district, the same shall 
be referred to the selectmen of the town or towns in which 
such districts so uniting are situated, in the same manner 
as is provided in the case of other districts, and said dis- 
tricts may choose any committee to carry into effect the pro- 
visions aforesaid. 

Ch. 22 G. S., §72. 

Section 127. The chairmen of the prudential commit- 
tees, of the various districts composing the union district, 
shall together constitute the prudential committee of the 
union district, and the member of tlie prudential committee 
of any school-district first elected shall be considered the 
chairman thereof: Pj-ovided^ that whenever such union dis- 
trict shall be formed of an even number of districts, there 
shall be added to said committee one person, resident in 
such union district, who shall be chosen annually at any 
legal meeting of said union district, duly warned for that 
purpose, and who shall hold his office for one year there- 



54 COMPILATION OF THE SCHOOL LAWS. 

after, and until another shall be chosen ; and such pruden- 
tial committee shall have, all the powers, and discharge all 
the duties in relation to said school, and the school-house or 
houses of such district, as are prescribed to other pruden- 
tial committees in relation to the school and school-houses 
in their respective districts. 

Oh. 22 G. S., § 73, as amended, by No. 24 of 1863, p. 32. 

Section 128. The prudential committee of the union dis- 
trict shall also determine the ages and qualifications of the 
children of the associated districts, who may attend the 
union school ; and every union school district shall be enti- 
tled to receive their proportion of the public school money, 
as provided in section sixty-seven of this chapter, [section 
121 of this compilation], and under the regulations and con- 
ditions therein prescribed : Provided, however, that the 
schools in each of the associated districts shall continue to 
be maintained in the same manner as if there had been no 
provision for the establishment of union districts. 

Ch. 22 G. S., §74. 

Section 129. Each union district, at its annual meeting, 
shall choose a moderator and collector or collectors of taxes, 
and treasurer, who shall perform the same duties as pre- 
scribed in relation to moderator, collectors, and treas- 
urer of other school districts, and shall hold oflBce until oth- 
ers shall be chosen in their stead ; and such union district 
may, at any legal meeting called for that purpose, raise 
money for paying teachers' wages, and in assessing and col- 
lecting a tax or taxes for that purpose the like proceedings 
shall be had as are prescribed by law for other school dis- 
tricts. 

Ch. 22G. S., §75. 



COMPILATION OP THE SCHOOL LAWS. 65 



Section 130. In case any distiict, being a member of 
a union school district, becomes dissatisfied therewith, it 
may withdraw therefrom by a concurrent vote of two-thirds 
of the voters present, at meetings duly warned for that 
purpose of the inhabitants of each of said districts respec- 
tively, to wit : the dissatisfied district and the union district : 
Provided, that the inhabitants of said dissatisfied district 
shall not be entitled to vote at the meeting of the union dis- 
trict on the question of permitting them to withdraw there- 
from. 

Ch. 22 G. S., §76. 

Section 131. If any contiguous school district wishes 
to join a union school district, it may do so by a vote of 
two-thirds of the legal voters, inhabitants of said contigu- 
ous district, at a meeting duly warned for the purpose, and 
shall thereupon become a member of, and entitled to share 
equally with the original members in all the rights and priv- 
ileges belonging to said union district: Provided, such 
union district shall, by a majority of two-thirds of the vo- 
ters present, at a meeting duly warned for that purpose, 
vote to receive such contiguous district. 

Ch. 22G. S., §77. 
TOWN SCHOOL FUND. 

Section 132. The selectmen of the several towns shall 
have the charge, care and management of all real and per- 
sonal estate, in any town, appropriated as a fund for the use 
of schools in such town, unless otherwise provided for by 
law, or unless the person granting such estate shall direct 
the same to be kept and managed in some other way, or by 
some other persons ; and the selectmen shall lease all lands, 
which may be appropriated for such purpose, and loan all 



56 COMPILATION OP THE SCHOOL LAWS. 

moneys, on annual intei-est and with sufficient security, and 
shall annually render an account of the same to the town ; 
and may, in the name of the town, commence, prosecute, 
and defend all actions necessary for the recovery or protec- 
tion of the estate so intrusted to their care. 

Ch. 22 G. S., §78; 38 Vt. 193. 

Section 13P>. All leases, bonds, mortgages, and other 
securities, belonging to such fund, shall be deposited in the 
office of the treasurer of the town ; and the rents, interest, 
and income of such fund, and all moneys received on ac- 
count of the same, shall be paid into the treasury of such 
town ; and a separate account of the same shall be kept on 
the books of the treasurer. 

Ch. 22 G. S., §79. 

Section 134. The selectmen of each town shall, annu- 
ally, previous to the first day of January, assess a tax of 
nine cents on the dollar of the list of such town, to be col- 
lected and paid to the treasurer of the town previous to the 
first day of March succeeding, in the same manner that other 
town taxes are collected, except as provided in the two fol- 
lowing sections. 

Ch. 22 G. S., §80; 38 Vt. 229. 

Section 135. If, in any town, the income appropriated 
in such town for the use of schools, after deducting one- 
half the income arising from the United States deposit 
money, shall amount to as large a sum as would be raised 
by such tax, the selectmen shall not be required to assess 
the same ; or if such income shall be less, the selectmen 
shall assess a tax only sufficient, with such income, to 
amount to the sum which would be raised by a tax of nine 
cents on the dollar. 

Ch. 22 G. S., §81. 



COMPILATION OP THE SCHOOL LAWS. 57 



Section 1o6. The several towns may, at the annual 
March meeting, or at any other mcetini2; warned lor that pur- 
))ose, raise such sum for the use of schools as they may 
think proper, by a tax on the list of such towns : and if the 
sums so raised, together with the income appropriated to 
that use, after the deductions mentioned in the preceding 
section, shall in any one year amount to as large a sura as 
would l)e raised by the tax required by this chapter to l»e 
assessed l)y the selectmen, such tax may be omitted. 

Ch. 22 G. S., §82. 

Skction 1-)7. The oiie-h;ilf part of the proceeds of the 
tax assessed by the selectmen, with the income of any town 
ap[)ropriated to the use of schools, and all sums raised liy 
vote of the town foi- such use, shall annually, on the Friday 
next preceding the last Tuesday of March, be divfded by the 
selectmen of such town between the several common school dis- 
tricts in such town equally, without regard to the number of 
scholars such district may contain ; and the reniainingono-half 
shnll lie divided between such districts, including also any un- 
ion district, in proportion to the aggregate attendance of the 
scholars of such district, between the ages of five and twenty 
years, upon the common schools in such district, during the 
preceding school year ; such aggregate attendance to be as- 
certained from the record thereof, to be kept in the registers 
of such schools, by adding together the numl)er of days of 
actual attendance of each legal scholar, as shown by the 
register. And the same shall l)e paid over, under the di- 
rection of the selectmen, to the several treasurers of snch 
districts ; provided, that no union district, nor district for 
the support of common schools, shall receive any share of 
such moneys unless there shall, during the year next preced- 
ing such distribution, have been kept in such district a school 



58 COMPILATION OP THE SCHOOL LAWS. 

for two full terms of ten weeks each, or their equivalent ; 
provided also, that nothing herein shall affect the powers of 
Montpelier union district, under the act entitled, " An act 
to enlarge the powers of such district," approved Novem- 
ber 21, 1859. 

Ch. 22 G. S., § 83, as amended by No. 40 of 1874, p. 69. 

Section 138. It shall be'^the duty of the selectmen, in 
making their distributions of public moneys as required in 
the preceding section of this chapter, to regard the returns 
of district clerks, as provided for in this chapter, as returns 
for the year preceding such distribution. 

Ch. 22 G. S., §84. 

Section^139. It shall be the duty of the selectmen of 
each town, in the month of April, annually, after they shall 
have made division of the public money to the several dis- 
tricts as required by law, to leave with the town clerk of 
the town a written statement of the amount of money by 
them divided to each di.-^trict during the current school 
year. 

Ch. 22 G. S., § 85. 

Section 140. When any district shall be formed of ter- 
itorry, or of inhabitants, belonging to two or more towns, 
such district shall receive from the treasury of each town 
a proportion of the moneys so distributed, as follows : 

First. Of that part which, by the provisions of this chap- 
ter, is to be divided equally among the districts, such sum 
as is in the proportion to the sum severally received by the 
other districts in such town, which the number of children 
in such district, residing in such town, bears to the whole 
number of children in such district. 



COMPILATION OF THE SCHOOL LAWS. 59 



Second. Of that part of the public money which is re- 
quired to be divided among the districts in proportion to 
the aggregate attendance of the scholars of such districts, 
between the ages of five and twenty years, each district 
shall receive such sum as will be in proportion to the whole 
sum to be divided in such towns, which the aggregate atten- 
dance of the whole number of children in such district, re- 
siding in such town, bears to the aggregate attendance of 
the whole number of children in such town. And the clerk 
of such district shall make returns to the town superinten- 
dent of schools in each town, specifying the number of chil- 
dren in the district between the ages of five and twenty 
years, and the number residing in each of the towns com- 
posing such district, and the aggregate attendance of chil- 
dren in such district residing in each town, and also the ag- 
gregate attendance of the whole number of children be- 
tween the ages of five and twenty years, in such district. 

Ch. 23 G. S., § 86, as amended by No. 40 of 1S74, p. 71. 

Section 146. If the selectmen of any town shall neglect 
or refuse to assess, collect, or appropriate the tax for the 
support of schools as provided in this chapter, such town 
shall forfeit and pay to the county in which such town may 
be situated, as a penalty, a sum equal to double the amount 
which the selectmen shall be required to raise by tax, with 
costs, to be recovered, by information or indictment, in the 
county court of such county. 

Cli. 22 G. S., § 87.— 13 Vt. 565. 

Section 147. One fourth part of such penalty shall be 
for the use of the county, and tlie other three fourths thereof 
shall be paid to the selectmen for the use of schools in such 
town ; and it shall be the duty of the treasurer of the county, 
immediately after the receipt of such money, to give notice 



60 COMPILATION OF THE SCHOOL LAWS. 



thereof to the selectmen of the town, and the selectmen shall 
forihwith leceive, apportion, and appropriate the same to 
the support of schools in such town, in the same manner as 
it should have been if raised by tax assessed by the select- 
men. 

Ch. 22 G. S., §88. 

Section 148. It shall be the duty of the grand-jurors 
impanelled before the several county courts, annually to in- 
quire and ascertain, whether the several towns in their 
jespective counties shall have duly assessed, collected, and 
expended the tax for the sui)port of schools, as required in 
this chapter ; and in case of any neglect, it shall be the 
duty of the grand-jurors to present tlieir indictment thereof 
to the coui't. 

Ch. 22 G. S., §89. 

Section 149. If any person intrusted, according to the 
provisions of this chapter, with the care, charge, or manage- 
ment of any money, land, or other property, belonging to 
any town or school-district for tlie use of schools, shall em- 
bezzle, misapply, or conceal the same, or any part thereof, 
he shall be liable to be removed from his trust, and shall 
forfeit to such town or district, as the case may be, a sum 
double the amount so embezzled, misapplied, or concealed, 
to be rcovered in an action on the case in the name of such 
town or district, with costs. 

Ch. 22 G. S., §90. 
UNITED STATES DEPOSIT MONEY. 

Section 150. The treasurer of this state shall be author- 
ized to receive any moneys, belonging to the United States, 
hereafter to be deposited with this state, and to give a cer- 
tificate of deposit for the same, according to the provisions 
of the existing law. 

Ch. 22 G. S., §91. 



COMPILATION OF THE SCHOOL LAWS. 61 

Section 151. All such moneys belonging to the United 
States, which have been heretofore, or which shall hereafter 
be received by the treasurer of this state by deposit from 
the United States, shall be apportioned to, and continue to 
be distributed and deposited with, the several towns in the 
state, organized and unorganized, and to the gores of land, 
in proportion to the number of inhabitants in each, accord- 
ing to the census of the United States of the year one thou- 
sand eight hundred and sixty : Provided^ however, that the 
treasurer of the state shall hold in trust so much of such 
money as shall appertain to such unorganized towns and 
gores, to be put to interest for the use of such unorganized 
towns and gores, as he shall deem most expedient ; and he 
shall pay so much of the interest thereof annually, as may 
be apportioned to the population thereof, to such unorgan- 
ized towns and gores as may be entitled to the same, for 
having maintained a school or schools therein the previous 
year ; the inhabitants of said unorganized towns and gores 
being hereby authorized to form themselves into districts for 
the support of schools, and the payment of such interest 
shall be made to the treasurers of such districts ; and if 
there be more than one school-district ^'n any unorganized 
town or gore, the same rate shall be observed in apportion- 
ing the money among the districts, as is provided for in 
organized towns. 

Oh. 22 G. S., §92. 

Section 152. It shall be the duty of the treasurer of the 
state to see that a just and true apportionment among the 
organized and unorganized towns and gores shall be or shall 
have been made of the public moneys so deposited as soon 
as may be, according to the United States census for eigh- 
teen hundred and sixty ; and whenever there shall be from 



62 COMPILATION OF THE SCHOOL LAWS. 

time to time a new census of the population of this state, 
under the laws of congress or of this state, a new apportion- 
ment of such moneys shall be made by such treasurer among 
such towns and gores as need be. 

Ch. 22 G. S., §93. 

Section 153. Whenever it shall be found, that, upon 
any apportionment which shall have been made upon the 
United States census of eighteen hundred and sixty, or upon 
any new and subsequent apportionment, any town shall have 
more of such moneys than its just proportion, the treasurer 
shall have a right to demand and recover from such town 
the amount of such excess ; and if it shall be found that 
any town shall have less than its just proportion, it shall be 
the duty of the treasurer to make up the deficiency and pay 
over the same to such town. 

Ch. 22 G. S., §94. 

Section 164. The several towns shall, at each annual 
meeting, elect one or more trustees, not exceeding three, in 
the same manner other town officers are elected, whose duty 
it shall be to receive, take care of, and manage the money 
deposited with the respective towns, and they shall at each 
annual meeting of their respective towns make a full repoit 
of the condition and situation of the deposit money received 
by them. 

Ch. 22 G. S., §95. 

Section 155. If any town shall neglect or refuse to ap- 
point such trustees, it shall be the duty of the treasurer 
of the state to retain the proportion which may belong to 
such town, and shall annually, previous to the first day of 
March, pay to the treasurer of such town the interest on 
the same. 

Ch. 22 G. S., § 96, as amended by No. 39 of 1865, p. 47. 



COMPILATION OP THE SCHOOL LAWS. 63 

Section 156. The treasurer of the state is authorized, 
in the collection of the United States deposit money, loaned 
by former treasurers, to adjust and settle the same as may 
seem for -the interest of the state. 

Oh. 22 G. S., § 90, as aDiended by No. 39 of 1805, p. 47. 

Section 157. The trustees of the several towns, before 
they enter upon the duties of their office, shall execute a 
bond to such towns, with three or more sufficient sureties, 
in such sum as the selectmen shall direct and accept, with a 
condition : 

First. Faithfully to perform their duty in loaning, man- 
aging, and accounting for all sums of money which may be 
placed in their charge, under the provisions of this chapter. 

Second. To pay over the same, or any part thereof, as 
may be required by law. 

Ch. 22G. S., §97. • 

Section 158. If any person, elected trustee according 
to the provisions of section ninety-five of this chapter [sec- 
tion 154 of this compilation] , shall neglect or refuse to give 
bonds as provided by the preceding section of this chapter, 
his office shall be vacant, and such vacancy may be filled 
by the town by a new choice at any legal meeting, as in 
other cases of vacancy in town offices. 

Ch. 22 G. S., §98. 

Section 159. When trustees shall be appointed by any 
town, as provided in this chapter, and shall have given 
bonds as required in section ninety-seven of this chapter 
[section 157 of this compilation], the treasurer of the state 
shall pay over to such trustees all such moneys as such town 
shall be entitled to ; and the trustees shall thereupon ex- 
ecute to said treasurer their receipt for the same, of the 



64 COMPILATION OF THE SCHOOL LAWS. 



tenor and effect of the certificate of deposit which the treas- 
urer has been or shall be required to give to the secretary 
of the treasury of the United States. 

Ch. 22G. S., §99. 

Section 160. Each town, which has or shall appoint 
trustees, and through them shall or shall have received its 
proportion of the moneys of the United States, so deposited 
with this state, shall be accountable to the state for the re- 
turn of the same, or any j)art thereof, whenever it shall be 
required by the treasurer of the state, on the requisition of 
the United States, or for the purpose of carrying into effect 
a new apportionment, in like manner as towns are accounta- 
ble for state taxes. 

Ch. 22 G. S.. §100. 

Section 161. The trustees of the several towns shall 
loan the money, deposited with such towns, in such sums 
and to such persons as they shall judge expedient, with suf- 
ficient personal security, or on mortgage, as they may deem 
amply safe, taken and made payable to the respective towns, 
at an interest of six per cent., payal)le annually. 

Ch. 22 G. S., § 101. 

Section 162. The loans shall be made for a term not 
exceeding one year at one time ; and the money may be col- 
lected at the expiration of the period for which it shall be 
loaned, and be loaned anew to other persons, or the loan 
may be extended to the same persons for an additional pe- 
riod, in the discretion of tlie trustees. 

Ch. 22 G. S., § 102. 

Section 168. The trustees of the surplus money of the 
United States, in the several towns in this state, are author- 
ized to loan the same to their several towns, agreeably to 
the provisions of this chapter : Provided, that the town 



COMPILATION OP THE SCHOOL LAWS. 65 

shall, at a meeting legally warned and holden for that pur- 
pose, authorize the selectmen to borrow the same for the 
benefit of the town. 

Ch. 22 G. S., § 103. 

Section 164. All the income received for interest on 
the moneys so deposited with any towns, and all the income 
which may be paid over by the treasurer of this state for 
interest to any towns, when such towns shall not appoint 
trustees and receive their shares of such moneys, shall be 
annually appropriated to the support of schools in the re- 
spective towns. 

Ch. 22 G. S., §104. 

Section 165. It shall be the duty of the trustees, annu- 
ally, previous to the first day of March, to pay over to the 
treasurer of their respective towns all the income received 
for interest on such moneys ; and the treasurer shall add all 
sums so received, and such as may be received from the 
treasurer of this state, for interest, according to the provis- 
ions of this chapter, to the other school moneys, and shall 
give credit for the same, in his account of that fund ; and 
the same shall be distributed by the selectmen, as other 
moneys, to the several school districts, for the support of 
schools therein. 

Ch. 22G. S., §105. 

Section 166, If any town shall have other school funds, 
the income of which shall be sufficient to support schools in 
all the districts in such town for six months in each year, 
such town shall not be required, as provided in the two pre- 
ceding sections, to appropriate the income of such deposit 
money for the support of schools ; but may appropriate the 
same to any other use, as said town shall direct. 

Ch. 22 G. S., § 106. 



66 COMPILATION OF THE SCHOOL LAWS. 

Section 167. If any town shall refuse or neglect to per- 
form any of the duties required by the provisions of this chap- 
ter, in relation to the management or disposition of the money 
so deposited with such town, or the interest thereof, such 
town shall, on indictment and conviction thereof, forfeit and 
pay, as a fine, to the treasurer of the county in which such 
town shall Ije situated, and for the use of such county, a 
sum not exceeding double the amount of the interest of such 
moneys. 

Ch. 22 G. S., §107. 

Section 168, It shall be the duty of the grand jury, 
impanelled before any county court, to inquire into the man- 
ner in which the several towns shall have managed and dis- 
posed of the moneys so deposited with them, and the annual 
interest thereof; and in case of any failure of any town to 
comply with the requisitions of this chapter, relating to such 
deposit money, it shall be their duty to present to the court 
their indictment therefor against such town ; and notice 
thereof shall be given to such town, as is required in case 
of indictment for not repairing highways. 

Ch. 22 G. S., § 108. 

Section 169. It is hereby made the duty of every teacher 
of a common school, or of a union school, before he com- 
mences his school, to procure from the clerk of the district 
in which he shall teach, a school register, and therein keep 
a true record of the daily attendance of each scholar who 
may attend such school, while under his instruction, in ac- 
cordance with the form prescribed in such register, and at 
the close of his school shall enter in said register correct 
answers to all statistical inquiries therein addressed to 
teachers, and return such register to the district clerk pre- 
vious to the receipt of his wages as such teacher. And it is 



COMPILATION OF THE SCHOOL LAWS. 67 

hereby made the duty of each district clerk to comply with 
all the requirements made of him in the register or regis- 
ters of his district, in reference to the statistics of his dis- 
trict, and make oath to the correctness of his returns before 
a justice of the peace of the county in which he resides, and 
file said register or registers in the office of the town super- 
intendent on or before the twentieth day of March in each 
year ; and no portion of the public money in any town shall 
be distributed to any district whose school register or regis- 
ters shall not be properly filled out and filed in the town 
clerk's office, pursuant to the provisions of this chapter. 

Ch. 22 G. S., §110. 

1864, No. 58, p. 66; 1865, No. 28, p. 40; 1872, No. 18, p. 56. 

See No. 30 of 1865, p 41. 

46 Vt. 457; 35 Vt. 623; 41 Vt. 353. 

Section 170. The several teachers of common schools 
in the state shall faithfully keep all the records required by 
section one hundred and ten, chapter twenty -two, of the gen- 
eral statutes [section 169 of this compilation], and shall 
make correct answers to all statistical inquiries required by 
said section, and shall make due return thereof to the district 
clerk, or such person as he may designate ; and no pruden- 
tial committee shall be authorized or allowed to pay such 
teachers for their services until the register properly filled 
up and completed shall be so returned. 

No. 30 of 1865, p. 41. 

Section 171. It shall be the duty of the district clerk to 
certify to the teacher that the register so returned is filled 
out and certified to by said teacher, as required by law ; 
and said teacher shall not be entitled to his wages except 
on presentation of said certificate to the prudential commit- 
tee of said district. 

No. 19 of 1867, p. 27. 



68 COMPILATION OF THE SCHOOL LAWS, 

SCHOOL HOUSES AND YARDS. 

Section 172, Whenever it shall be determined in any 
school district in what place in said school district the school 
house shall be located, and the owner or owners of the 
land upon which it is proposed to locate such house, includ- 
ing also sufficient lands for school house yards, and conven- 
ient and necessary outbuildings, shall refuse to sell and con- 
vey the same, by deed, to such district, or shall, in the opin- 
ion of the prudential committee of such district, demand an 
unreasonable sum therefor ; and also whenever in the opin- 
ion of any school district, expressed by vote of such dis- 
trict at a legal meeting warned for that purpose, it shall be- 
come necessary to have more land attached to the school 
house of such district, for the accommodation and conven- 
ience of the same, or to enlarge the grounds or lands be- 
longing to and adjoining such school house lands, such dis- 
trict may purchase for the use of the same such lands as 
may be necessary for the accommodation and convenience 
of the same ; and if the owner or owners of such lands 
shall refuse to convey the same, by deed, to said district, or, 
in the opinion of such district, shall demand an unreasona- 
ble sum therefor, such district, by their prudential commit- 
tee, in any of the aforesaid cases, may apply to the select- 
men of the town in which such district is located, whose 
duty it shall be to locate and set out such lands as may be 
required for any of the aforesaid purposes, and when the 
same shall have been determined upon by them, to cause the 
same to be surveyed ; and they shall proceed to ascertain 
what damages shall be sustained by the owner or owners of 
the same ; but before they shall determine the amount of 
damages which any one may sustain, they shall cause him 
to be notified of the time and place of hearing, either per- 



COMPILATION OP THE SCHOOL LAWS. 69 

sonally or ])y leaving written notice at the residence of such 
owner or owners of the land ; and when they shall have 
completed their inquiries, they shall make their report, stat- 
ing particularly all their proceedings and decision, with 
their survey and appraisal of damages, if any, and shall 
file the same in the town clerk's office in the town where 
such lauds are situated, and shall cause the same to be there 
recorded. 

Ch. 22 G. S., §114; 33 Vt. 271. 

Section 173. Before the school district shall enter on 
such lands, it shall pay or tender to such owner or owners 
the amount of such damages so appraised by said selectmen. 

Ch. 22G. S.,§115. 

Section 174. If the owner or owners of such land shall 
not accept the damages so appraised by said selectmen, the 
prudential committee of such district, on behalf of such dis- 
trict, may agree with the owner or owners of such land, to 
refer the question of damages to one or more disinterested 
persons, whose award shall be made in writing and shall be 
final, « 

Ch. 22G. S., §116. 

Section 175. If any person interested in the land which 
the selectmen may have located and set out, as aforesaid, 
shall be dissatisfied with such location, or with the compen- 
sation awarded for his damages, he may make his applica- 
tion in writing l)y petition to the county court in the same 
county, and at their next stated term, if there should be 
sufficient time for notice, and if not, to the next succeeding 
term, and any number of persons aggrieved may join in the 
petition ; and the petition, together with a citation for that 
purpose, shall be served on one or more of the prudential 
committee of such school-district, at least twelve days be- 



70 COMPILATION OF THE SCHOOL LAWS. 

fore the session of the county court, and the court shall ap- 
point three disinterested commissioners to inquire into the 
convenience and the necessity of such school-house, and the 
manner of its location, and of the necessity of such lands, 
and the amount required, as well as the matter of damages 
which may have been sustained by the persons interested 
therein. 

Ch. 22 G. S., §117. 

Section 176. The commissioners shall give six days' 
notice to one or more of the prudential committee of such 
school-district, of the time and place when and where they 
will make such inquiry, and hear the parties ; and on the 
report of such commissioners the court may establish or set 
aside such location, or such parts thereof as shall appear 
just, and may render judgment for the petitioner to recover 
against such school-district such sum for damages as shall 
appear to said court to be just and reasonable, and the court 
may tax costs for either party as shall appear to be just. 

Ch. 22 G. S., §118. 

Section 177. When application shall be, made to the 
county court as provided in the two preceding sections of 
this chapter, the opening of the lot of land surveyed and 
laid out by the selectmen shall be stayed until the decision 
of the county court in the premises ; and such court may 
fix the time for opening the same and the payment of dam- 
ages, and if such damages shall not be paid within the time 
limited, the court may award execution for the same. 

Gil. 22 G. S., §119. 

Section 178. If any school-district shall require lands 
for any of the purposes specified in the one hundred and 
fourteenth section of this chapter, and the lands so required 
be encumbered by mortgage, such school district shall cause 



COMPILATION OP THE SCHOOL LAWS. 71 

the same notice to be given to the mortgagee, or the assignee 
of the mortgage, that is required to be given to the owner ; 
and the damage agreed upon, or otherwise determined, as 
specified in this cliapter, shall be paid to the mortgagee or 
his assignee ; but if the sum due on the mortgage be less 
than the damage, the amount due thereon shall be paid to 
the holder, and the balance to the owner, on the payment of 
which damage a valid title shall vest in the district for the 
purpose aforesaid. 

Gh. 22 G. S., §120. 



COMPULSORY EDUCATION. 



1867, No. 35, p. 47. 

AN ACT CONCERNING THE EDUCATION OF CHIL- 
DREN BETWEEN EIGHT AND FOURTEEN YEARS 
OF AGE. 

Section 1. Every child of good health and sound mind, 
between eight and fourteen years of age, in this state, shall 
attend a public school at least three months in the year, un- 
less such child has been otherwise furnished with the means 
of education for a like period of time, or has already ac- 
quired the branches of learning taught in the public schools. 

Section 2. No child between the above ages, who has 
resided in this state one year, shall be employed in any mill 
or factory, unless such child has already attended a public 
school three months within the year next preceding. 

Section 3. Every parent or guardian who permits his 
child or ward to violate the above provisions, or any owner, 
employer or overseer of any mill or factory, who shall em- 



72 COMPILATION OF THE SCHOOL LAWS. 

ploy any child in violation of section two of this act, shall 
forfeit and pay a sum not less than ten dollars or more than 
twenty dollars, to be recovered like other penalties, by 
prosecution before any justice of the peace, one half of 
said penalty to go to the complainant, and the other half to 
the treasurer of the town in which such child resides. 

Approved, November 21, 1867. 



1870, No. 13, p. 48. 

AN ACT TO COMPEL CHILDREN TO ATTEND 
SCHOOL. 

Section 1. If any child of good health and sound mind, 
between the age of eight and fourteen years, shall, during 
the term of the public school in the district in which he re- 
sides, be an habitual truant, or be habitually found in the 
streets or public places, having no lawful occupation or busi- 
ness, not attending school and growing up in ignorance, 
each member of the board of civil authority in the town 
where such school-district is situated, and each member of 
the prudential committee of such district, and each sherifiF, 
deputy sheriff or constable in such town is hereby author- 
ized, and it is made his duty, upon application in writing of 
any three legal voters of said district, to arrest such child 
and take him to the school in said district and place him in 
charge of the teacher thereof; and the ofi&cer making such 
arrest shall thereupon give notice in writing to the parent, 
guardian or master of such child, and shall therein require 
such parent, guardian or master to cause such child to 
attend school regularly. 

Section 2. And if such parent, guardian or master shall, 
for the space of six days, disregard such notice and re- 



COMPILATION OF THE SCHOOL LAWS. 73 

quirements, and not cause such child to attend school regu- 
larly for said six days, having no good reason therefor, then 
it shall be the duty of the officer making such arrest to make 
complaint to any justice of the peace against such parent, 
guardian or master, and such child ; and the said justice, 
upon such complaint, is authorized to issue a warrant 
directed to any sheriff' or constable in the state, command- 
ing him forthwith to arrest and bring before said justice, 
such parent, master or guardian, and such child, and upon 
proof before said justice of the facts above recited, and that 
such master, parent or guardian has not caused such child 
to attend school regularly for the space of six days after 
such notice, such justice may impose upon such parent, mas- 
ter or guardian, the penalty imposed by section three of an 
act entitled " An act concerning the education of children 
between eight and fourteen years of age," approved Novem- 
ber 21st, 1867, the said fine to be paid into the treasury of 
the town in which such parent or guardian resides, for the 
benefit of schools in said town. 

Section 3, Said complaint shall be sufficient if the same 
state that the said parent, master or guardian neglects to 
send to school as required by law his child, apprentice or 
ward, naming such child, apprentice or ward. 

Section 4. Prosecutions under this act shall be con- 
ducted in manner and form as on prosecution for crime un- 
der the general laws of the state, and an appeal shall lie to 
the county court as in other cases for prosecution for crime. 

Section 5. This act shall take effect December 1st, 1870. 

Approved November 23, 1870. 



74 COMPILATION OF THE SCHOOL LAWS. 



DISTURBING EXERCISES OE SCHOOL. 



CHAPTER ONE HUNDRED AND SIXTEEN, GEN- 
ERAL STATUTES, SECTION TEN. 

Section 10. If any person, by tumultuous noise or quar- 
reling, or by any disorderly or unlawful act, shall disturb 
any town, society, or district meeting, oi- the exercises 
of any school, or any other meeting lawfully assembled, or 
by force or menace hinder or interrupt the business of any 
such meeting, or the exercises of any schcol, he shall for 
every such offence be punished by a fine not exceeding one 
hundred dollars. 

1863, No. 9, p. 14. 1869, No. 45, p. 48. 



OF INSTRUCTION OF THE DEAF AND DUMB AND 

BLIND. 



GENERAL STATUTES, CHAPTER TWENTY-THREE. 



Section 

6. General powers and duties of 
governor. 

7. When exjaense of conveyance of 
beneficiary is to be defrayed. 

8. Governor to report annually to 
the legislature. 

9. Comijensation. 



Section 

1. Governor to be ex officio commis- 
sioner. 

2. Annual appropriations. 

3. Institutions for instruction of 
deaf, dumb and blind. 

4. Board of civil authority to certify 
to county clerk number of deaf 
and dumb and blind persons. 

5. County clerk to make return to 
governor. 

Section 1. The governor of this state shall, ex officio^ 
be commissioner of the deaf, the dumb, and the blind, and, 
as such commissioner, shall constitute the board for their in- 
struction. 

Section 2. A sum not exceeding five thousand dollars 
may be annually drawn from the treasury of this state, by 



COMPILATION OP THE SCHOOL LAWS. 75 

the governor, for the benefit of the deaf and dumb, and a 
sum not exceeding four thousand dollars may also be drawn, 
annually by him, for the benefit of the blind, to be appro- 
priated agreeably to the provisions of said chapter. 

As amended by No. 81 of 1874, p. 113. 

Section 3. Until provision is otherwise made by law, the 
beneficiaries mentioned in this chapter shall be instructed at 
the following places, that is to say : — the deaf and dumb at 
the American Asylum, established in the city of Hartford, 
in the state of Connecticut, for the education of the deaf 
and dumb ; and the blind, at the New England Institution 
for the Instruction of the Blind, established in the city of 
Boston, in the commonwealth of Massachusetts. 

As amended by No. 40 of 1868, p. 4. 

[1868, No. 40, p. 41. 

AN ACT TO AMEND SECTION THREE OF CHAPTER TWENTY- 
THREE OF THE GENERAL STATUTES, RELATING TO THE IN- 
STRUCTION OF THE DEAF, DUMB, AND BLIND. 

Section 1. Section three of chapter twenty-three of the 
general statutes, is hereby so amended as to include among 
the institutions at which the deaf and dumb may be in- 
structed, the Clark Institution at Northampton, in the com- 
monwealth of Massachusetts.] 

Section 4. The board of civil authority in each town 
shall ascertain, and certify to the county clerk, on or before 
the first day of February, annually, the number of deaf and 
dumb persons and the number of blind persons in such town, 
their respective ages, condition, and circumstances, and the 
ability of their parents to educate them, and whether, in the 
opinion of such board, such deaf and dumb and blind per- 
sons are proper subjects of the charity of this state, and 



76 COMPILATION OF THE SCHOOL LAWS. 

whether they and their parents or guardians are willing they 
should become beneficiaries of either of the institutions 
mentioned in the third section of this chapter, or such other 
institution as may be provided by law for the instruction of 
deaf and dumb or blind persons. 

Section 5. Each county clerk shall make return to the 
governor before the first day of March in each year, of all 
the information he receives from the several boards of civil 
authority in his county.. 

Section 6. The governor shall have power to approbate 
and designate beneficiaries, as aforesaid ; to draw orders on 
the treasury for any part of the appropriations provided in 
the second section ; to superintend and direct all concerns 
relating to the education of deaf and dumb or blind persons, 
inhabitants of this state, and to allow all or any portion of 
the expenses of their conveyance to, and support in, the in- 
stitutions in which they are instructed, for such term of time 
as he shall deem proper ; and he may, in his discretion, 
take bonds to indemnify the state against expenses which 
may accrue in consequence of the sickness, clothing, or 
transportation of any of the beneficiaries. 

Section 7. Whenever any person shall be approbated 
and designated a beneficiary, under this chapter, the select- 
men of the town in which such beneficiary resides are em- 
powered and authorized to defray the expenses of the con- 
veyance of such beneficiary to and from the institution in 
which such beneficiary is to be instructed, out of the treas- 
uries of their respective towns, if, in their opinion, the par- 
ents or guardians of the beneficiary have not sufficient 
means to pay the same. 



COMPILATION OP THE SCHOOL LAWS. 77 

Section 8. The governor shall annually report to the 
legislature the proceedings, with an account of the expendi- 
tures incurred in the discharge of these duties. 

Section 9. The governor of this state shall be entitled 
to receive from the state treasury, annually, fifty dollars, as 
a compensation for his services in the discharge of the du- 
ties required by this chapter. 



DIVISION OF THE PROPERTY OF SCHOOL DIS- 
TRICTS. 

1872, No. 13, p. 51. 

AN ACT RELATING TO THE DIVISION OF THE 
PROPERTY OF SCHOOL DISTRICTS. 

Section 1. Whenever any school district within this 
state shall be divided into two or more districts, and said 
districts shall fail to agree upon a division of their corpor- 
ate property, it shall be the duty of the clerk of the district 
so divided, or, in his absence, or inability, or refusal to act, 
of any tax-payer in either portion of said district so divided, 
to apply to the assistant judges of the county court, for the 
time being, in which such original district is situated ; and 
it shall be the duty of such judges, within a reasonable time 
after the organization of such new districts, according to 
their judgment and discretion, to make a fair, just and 
equitable division of all the property and assets of such 
original district, including taxes voted but not collected be- 
tween the said new districts, as hereinafter provided. 

Section 2. Said judges shall give notice to all interest- 
ed, of the time and place of hearing, by posting upon the 



78 COMPILATION OF THE SCHOOL LAWS. 

school house in the original district, and in one other public 
place in each of said new districts, a written notification, 
therein stating the time when and the place where they will 
examine the property and hear the parties interested in the 
division of such property and assets, at least twenty days 
prior to the time set for hearing. 

Section 3. Whenever the property of such districts is 
of a kind or character that it cannot be divided equally be- 
tween the new districts, said judges are hereby empowered 
to make sale of the same, and execute therefor all proper 
deeds of conveyance and other writings necessary for a 
proper transfer of said property ; and such deeds and con- 
veyances, when recorded in the town clerk's office of the 
town or towns where such property is situate, shall be valid 
in law to pass the title to such property to the purchaser 
thereof; and the said judges shall divide the proceeds of 
such sale between the several new districts as to the said 
judges shall appear just and equitable. 

Section 4. Whenever any part of the property of said 
original district shall consist of a school house or other 
buildings, or buildings and land, which can be used and ap- 
propriated beneficially by one of the new districts, said 
judges may, in their discretion, set the same to such new 
district in which the buildings or land are situate, and may 
assess upon the district to which such lands and buildings 
may be set such sum in money therefor as may appear just 
to said judges, and may order the same to be paid over to 
such other new district or districts, in such time and manner 
as said judges may direct. 

Section 5. If either of said judges shall reside in or 
own real estate in such divided district, he shall be thereby 
disqualified to act in the premises ; and in such case, the 



COMPILATION OF THE SCHOOL LAWS. 79 



other of said judges shall be invested with all the powers of 
both, and shall perform all the duties hereinbefore provided 
for botli of said judges when not disqualified. 

Section 6. When said judges shall have completed the 
business of such division, it shall be their duty to make a 
full return of their doings to the town-clerk of the town or 
towns in which the original district is located, therein stat- 
ing the property divided, the manner of the division, the 
names of the persons to whom sold ; and when the same 
consists of real estate, the same shall be described by suffi- 
cient metes and bounds ; and said return of said judges 
shall be recorded at length in said town-clerk's office. 

Section 7. The costs and charges of the said judges in 
making any such division shall be borne by such new dis- 
tricts in such proportions as said judges shall determine and 
certify in their said doings ; and each of such districts shall 
be liable to pay to the said judges the sum so by them cer- 
tified as aforesaid, to be recovered in the joint names of the 
said judges in an action on the case founded on this statute. 

Section 8. Whenever the buildings or land of said orig- 
inal district shall be set to one portion of the same after 
division and organization, as provided in section four of this 
act, and an assessment by said judges be made upon such dis- 
trict and ordered to be paid to the other new district, and 
the district so assessed shall, for the space of six months, 
neglect or refuse to pay to the district entitled to the same the 
sum so assessed and ordered to be paid by said judges, such 
district to which the said sum may be awarded may recover 
the same. 

Section 9. This act shall take effect from its passage. 

Approved, November 27, 1872. 



80 COMPILATION OP THE SCHOOL LAWS. 



NOKMAL SCHOOLS. 



1866, No. 1, p. 3. 

AN ACT TO ESTABLISH A STATE NORMAL 
SCHOOL. 

Section 1. The Orange County Grammar School at Ran- 
dolph Center, is hereby constituted and established a normal 
school for the state of Vermont, for the term of five years, 
and the present trustees of said grammar school and their 
successors are constituted trustees of said normal school. 

[Sections 2, 3, 4, 5, and 6. repealed.] I 

Section 7. The board of education may consider simi- 
lar proposals from other academies in the state, and estab- 
lish not exceeding one normal school in each congressional 
district, and arrange for them courses of study, conduct ex- 
aminations, give certificates, nominate teachers, and gener- 
ally exercise over them the same supervision as [is] pro- 
vided in this act. And the trustees of such academies as 
may be designated as state normal schools, shall be respec- 
tively trustees of such normal schools, and have the same 
powers and rights as the trustees of the normal school here- 
by established. Provided, that the state normal school 
hereby established, and such others as the board of educa- 
tion may establish, shall be established and maintained with- 
out any expense to the state, excepting the payment of the 
board of education for their services. 

Section 8. This act shall not apply to or be binding 
upon the Orange County Grammar School until the trustees 
thereof shall, in writing, notify the secretary of state of 
their acceptance of the same. 

Section 9. This act shall take efiect from its passage. 

Approved November 17, 1866. 



COMPILATION OF THE SCHOOL LAWS. 81 

1870, No. 20, p. 57. 

AN ACT TO EXTEND THE PROVISIONS OP AN 
ACT ENTITLED, "AN ACT TO ESTABLISH A 
STATE NORMAL SCHOOL," APPROVED NOVEM- 
BER 17, 1866. 

Section 1. The provisions of an act entitled " an act to 
establish a state normal school," approved November 17, 
1866, and the existence of the state normal schools estab- 
lished under the provisions of the said act, are hereby ex- 
tended and continued until March first, A. D. 1875. 

[Section 2 repe<.;.c;cl.] 

Section 3. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

Section 4. This act shall take effect from its passage. 

Approved, November 22, 1870. 



1870, No. 19, p. 56. 

AN ACT RELATING TO THE NORMAL SCHOOLS 
OF THIS STATE. 

Section 1. The sum of ten hundred dollars per annum 
is hereby appropriated to each of the three normal schools 
now established in this state, for the purpose of assisting 
those young men and women, inhabitants of this state, who 
may desire to more perfectly qualify themselves for teaching 
by attending said schools, and who shall give satisfactory 
assurances to the board of education that they will hold 
themselves in readiness to teach in the common schools of 
this state at least two years subsequent to their graJuation. 
And such appropriation shall be expended by the trustees 
6 



82 COMPILATION OF THE SCHOOL LAWS. 

of each of said schools, under such rules and regulations as 
shall be prescribed by the board of education. 

Section 2. The auditor of accounts is hereby authorized 
and directed to draw his orders on the state treasurer for 
the payments of the said sum of ten hundred dollars per 
annum to the treasurer of the board of trustees of the nor- 
mal school at Randolph ; for the payments of the like sum 
per annum to the treasurer of the board of trustees of the 
normal school at Johnson ; and for the payments of the fur- 
ther like sum per annum to the treasurer of the board of 
trustees of the normal school at Castleton. 

Section 3. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

Section 4. This act shall take effect from its passage. 

Approved, November 22, 1870. 



1872, No. 20, p. 60. 

AN ACT MAKING A FURTHER APPROPRIATION 
TO THE NORMAL SCHOOLS OF THIS STATE. 

Section 1. The further sum of five hundred dollars per 
annum is hereby appropriated to each of the three normal 
schools now established in this state, to be expended by the 
trustees of each of said schools, with the concurrence and 
under the direction of the board of education, in aiding and 
assisting each of said schools. 

Section 2. The auditor of accounts is hereby authorized 
and directed to draw his order on the state treasurer for the 
payment of said sum of five hundred dollars per annum to 
the treasurer of the board of trustees of the normal school 
at Johnson ; for the payment of the like sum per annum to 



COMPILATION OP THE SCHOOL LAWS. 83 

the treasurer of the board of trustees of the normal school 
at Castleton ; and for the payment of the further like sum 
per annum to the treasurer of the board of trustees of the 
normal school at Randolph. 

Section 3. This act shall take effect from its passage. 

Approved, November 27, 1872. 



1874, No. 34, p. 62. 

AN ACT TO AMEND AN ACT APPROVED NOVEM- 
BER 22, 1870, ENTITLED, " AN ACT TO EXTEND 
THE PROVISIONS OF AN ACT ENTITLED, 'AN 
ACT TO ESTABLISH A STATE NORMAL SCHOOL,' 
APPROVED NOVEMBER 17, 1866." 

Section 1. The provisions of an act approved Novem- 
ber 22, 1870, entitled " An act to extend the provisions of 
an act entitled ' an act to establish a state normal school,' 
approved November 17, 1866," and the existence of the 
state normal schools extended and continued under the pro- 
visions of said act, are hereby extended and continued until 
August 1, 1880. 

Section 2. All acts and parts of acts inconsistent with 
this act are herelty repealed. 

Section 3. This act shall take effect from its passage. 

Approved, November 23, 1874. 



1874, No. 35, p. 63. 

AN ACT RELATING TO NORMAL SCHOOLS. 

Section 1. It sliall be the duty of the state superinten- 
dent of education to nominate and approve a principal 



84 COMPILATION OP THE SCHOOL LAWS. 

teacher and a first assistant teacher for each of the normal 
schools of this state established by law, and to withdraw 
such approval whenever the interests of the school demand ; 
and no person not so nominated, or the approval of whom 
shall have been withdrawn by the said state superintendent, 
shall be employed as such principal or first assistant ; but 
the said principal shall be allowed to select his other assist- 
ants, and to provide for the discipline of the school. 

Section 2. The governor shall annually appoint one 
practical teacher from each congressional district, whose 
duty it shall be, together with the state superintendent of 
education, and the principal of the normal school in each 
district, to attend and assist in the examination for gradua- 
tion at the normal school in the district for which he is ap- 
pointed, and such officers shall constitute a board to revoke 
the same upon cause shown ; and for services rendered by 
such person so appointed, he shall receive the sum of four 
dollars per day, for time actually occupied by him under 
such appointment, and in addition thereto, his traveling ex- 
penses while in the discharge of such duties. 

Section 3, The trustees of each normal school in the 
state, in conjunction with the state superintendent of educa- 
tion, shall arrange two courses of study for said schools, 
and shall wholly control the examination for admission. 
One course of study shall include all the "branches required 
by law to be taught in the common schools of Vermont ; the 
other course shall include all contained in the first course 
and higher branches, and shall require for its completion at 
least one full year of study, and certificates of graduation 
shall be granted to all who pass the required examination 
in the first course, or in both courses. The certificates of 
graduation from the lower course shall have the effect of 



COMPILATION OP THE SCHOOL LAWS. 85 

licenses to teach in the common schools of the state for five 
years from the date thereof, and certificates of graduation 
from the higher course shall have the effect of licenses to 
teach in said schools for ten years from the date thereof. 

Section 4, The sums now annually appropriated for 
each normal school in the state shall be expende'd as fol- 
lows, namely: 

Five hundred dollars to be expended by the trustees of 
each of said schools, with the concurrence and under the 
direction of the state superintendent of education, in aiding 
and assisting each of said schools, and the remaining one 
thousand dollars for the purpose of assisting those young 
men and women, inhabitants of this state, who may desire 
to more perfectly qualify themselves for teaching by attend- 
ing the normal schools aforesaid, and who shall give satis- 
factory assurances to the state superintendent of education, 
that they will hold themselves in readiness to teach in the 
common schools of this state at least two years subsequent 
to their graduation. 

Section 5. The several counties in each congressional 
district shall be entitled to their share of the free scholar- 
ships, according to their population ; and in case applicants 
for such scholarships from any such county , equal to the 
number assigned to such county, shall not present themselves 
on the first day of each term, the scholarships thus remain- 
ing vacant may be assigned by the principal of each school 
to applicants from some other county in this state ; provided, 
no town shall receive more than ten scholarships. 

Section 6. Tlie assignments of scholarships to the sev- 
eral counties in each congressional district, shall be made 
annually in the last week of June, by the state superinten- 
dent of education, and the trustees of each normal school. 



86 COMPILATION OP THE SCHOOL LAWS. 

Applicants for scholarships must be at least fifteen years of 
age, and be recommended by the town superintendent of 
the town in which he or she may reside. 

Section 7. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

Section 8. This act shall take effect from its passage. 

Approved, November 24, 1874. 



OFFENCES AGAINST PRIVATE PEOPEETY. 



GENERAL STATUTES CHAPTER ONE HUNDRED 
AND THIRTEEN. 

Section 52. If any person shall wilfully and maliciously 
break any window or door in any state house, court house, 
house of public worship, town house, college, school house, 
academy, or other public building, or in any dwelling house, 
whether any family reside in the same at the time or not, or 
in any barn, shed, out-house, store, bank, shop, mill, or fac- 
tory, he shall be punished by fine not exceeding twenty dol- 
lars, or by imprisonment in the county jail not exceeding 
ninety days, or both of said punishments, in the discretion 
of the court. 

See 1863, No. 9, p. 14. 

Section 53. If any person shall willfully and maliciously 
break any window or door in any school house or academy, 
or any out-building attached thereto ; or shall willfully and 
maliciously injure any building, by cutting, or marking, or 
in any other manner; or shall in any way disfigure the same 
with paint or otherwise, or deface the same by writing. 



COMPILATION OP THE SCHOOL LAWS. 87 

printing or painting thereon any obscene word, figure, or 
device, or by placing thereon any paper or other material 
bearing such word, figure, or device ; or shall injure any 
shade or ornamental tree or shrub standing upon the grounds 
belonging to, or upon, the highway or common contiguous 
to such school house or academy, either by cutting or break- 
ing the same, or by fastening any horse or other animal to 
the same, he shall be punished by fine not exceeding twenty 
dollars, or by imprisonment in the county jail not exceeding 
ninety days, or both of said punishments, in the discretion 
of the court, and shall also be liable to pay the school dis- 
trict owning such school house, or to the trustees of the cor- 
poration owning such academy, as the case may be, all dam- 
ages occasioned by such act or acts, to be recovered in an 
action founded upon this statute, together with full costs of 
suit. 

Section 54. All prosecutions of a criminal nature, for 
any of the offences described in the preceding section, may 
be tried and determined by any justice of the peace within 
the county where the offence is committed ; and any justice, 
before whom such prosecution is tried, may sentence the 
offenders to pay a fine in a sum not exceeding twenty dol- 
lars, and may issue a warrant to carry his judgment into 
effect, in case no appeal is taken. 

Section 55. If any person shall turn any cattle, horses, 
sheep or swine into any yard belonging to any town house, 
church, or school house, within this state, which is properly 
enclosed, or knowingly suffer them to run therein, the per- 
son so offending shall forfeit and pay a fine of not less than 
three dollars nor more than ten dollars for each and every 
offence so committed, with full costs of prosecution, to be 
recovered before any justice of the peace of the county 



COMPILATION OF THE SCHOOL LAWS. 



where such offence is committed, on complaint of any grand 
juror of the town in which such offence is committed, or of 
the state's attorney for the county. 



1874, No. 75, p. 108. 

AN ACT IN AMENDMENT OF SECTION SEVEN OF 
CHAPTER ONE HUNDRED AND THIRTEEN OF 
THE GENERAL STATUTES, ENTITLED, "OF 
OFFENCES AGAINST PRIVATE PROPERTY," AND 
IN ADDITION TO SAID CHAPTER. 
Section 1. That section seven of chapter one hundred 
and thirteen of the general statutes shall be so amended as 
to read as follows : 

Every person who shall in the night time break and enter 
any dwelling house, church, court house, town house, col- 
lege, academy, school house, or any bank, warehouse, office, 
shop, store, grocery, manufactory, mill, or any vessel, steam- 
boat, or any railroad car or saloon, with the intent to com- 
mit the crime of murder, rape, robbery, larceny, or any 
other felony, shall be punished by imprisonment in the state 
prison not more than fifteen years, or be fined not more then 
one thousand dollars ; and shall thereafter be disabled from 
giving a verdict in any cause whatever. 

Section 2. Every person who shall break and enter in 
the night time any of the places mentioned in section one 
of this act, which are occupied by any person or persons as 
a sleeping apartment, with the intent to commit the crime 
of murder, rape, robbery, larceny, or any other felony, shall 
be punished by imprisonment in the state prison for life, or 
for a term of years not less than four. 

Section 3. This act shall take effect from its passage. 
Approved, November 23, 1874. 



COMPILATION OF THE SCHOOL LAWS. 89 



or PUBLIC LANDS. 



GENERAL STATUTES, CHAPTER NINETY-SEVEN. 



Section 

6. This chapter not to affect any 
lease or contract under any for- 
mer law. 

7. County treasurer to have care of 
all public lands in unorganized 
towns and gores in his county. 

8. May maintain or defend all ac- 
tions relating to such lands. 

9. May lease such lands. Rents to 
be paid into county treasury. 

10. Rents to be appropriated for sup- 
port of schools in town or gore 
where lands are situated. 



Section 

1. The selectmen to have charge of 
lands granted, as glebes, to the 
use of "the ministry or social wor- 
ship, and to the first settled min- 
ister. 

2. To have, and sue to recover, pos- 
session of them. 

3. To lease such lands; rents to be 
paid to town ti-easurer. 

4. Rent of glebe lands to be appro- 
priated to use of schools. 

5. Rent of lands for the use of the 
ministry, to be appropriated for 
the support of religious worship. 

Section 1. The selectmen in the several towns shall have 
the care of all the lands in such towns, granted under the 
authority of the British government, as glebes for the use of 
the Church of England, and now by law granted to such 
towns for the use of schools, and all lands granted to the 
use of the ministry, or the social worship of God, and all 
lands granted to the first settled minister, and not appropri- 
ated according to law. 

Section 2. The selectmen shall be entitled to the pos- 
session of the lands mentioned in the preceding section, ex- 
cept when the same shall have been otherwise disposed of 
according to law ; and may commence and prosecute, or 
defend, in the name of the town, any action necessary to re- 
cover or protect such possession, or recover damages for 
injuries done to the same. 

Section 3. The selectmen shall have power to lease all 
such lands, in such manner as they may judge beneficial, 
reserving rents for the same, which shall be annually paid 
into the treasury of the town. 

1 D. Ch. 369; 2 Vt, 14. As amended by 1867, No. 47, p. 57. 



90 COMPILATION OP THE SCHOOL LAWS. 

Section 4. The rents of lands granted as glebes shall 
be divided, under the direction of the selectmen, among the 
several school-districts for the use of schools, in the manner 
provided by law for the distribution of other moneys appro- 
priated to the use of schools. 

Section 5. The rents of lands granted to the use of the 
ministry or social worship of God, and the rents of lands 
granted to the first settled minister, shall, on the Friday 
preceding the last Tuesday of March in each year, be 
equally divided by the selectmen of the town among the dif- 
ferent organized religious societies in said town, who main- 
tain public worship at least one fourth of the Sabbaths in 
the year ; and if there shall be no such society in any town, 
the same shall be loaned on interest, under the direction of 
the selectmen, until such society shall be formed, unless it 
shall be appropriated to pay for preaching the gospel in such 
town, by vote of such town in town meeting. 

As amended by No. 34, p. 39, Acts 1869. 

Section 6. Nothing in this chapter shall be construed to 
affect any lease of such lands, or any contract relating to, 
or disposition of, the same under any previous law. 

Section 7. The county treasurer of the several counties 
shall have the care of all the lands in unorganized towns 
and gores in their respective counties, granted as glebes, all 
lands granted to the use of the ministry or the social wor- 
ship of God, all lands granted to the first settled minister, 
and all lands granted or reserved for the use or support of 
schools, until such town or gores shall have been organized. 

9 Vt. 282. 

Section 8. The several county treasurers may commence 
and prosecute or defend, in the name of their respective 
counties, any action necessary to recover or protect the pos- 



COMPILATION OP THE SCHOOL LAWS. 91 

session of such lands, or to recover damages for trespass 
committed on the same, during the time such towns or 
gores shall remain unorganized. 

Section 9. The county treasurers shall have power to 
lease all such land& in such manner as they may judge ben- 
eficial, reserving rents for the same, which shall annually 
be paid into the treasury of the county, until the town or 
gore in which the lands are situated shall have become or- 
ganized, and thereafter the rents shall be paid into the 
treasury of the town in which the lands are situated : Pro- 
vided, that lands granted to the first settled minister shall 
not be leased for a longer period, at any one time, than five 
years, or until a minister shall be settled who shall be enti- 
tled to the same. 

Section 10. The rents that may be paid into the county 
treasury, agreeal)ly to the provisions of this chapter, shall 
be paid over to the prudential committee of such district or 
districts in the unorganized town or gore where such rents 
accrued, for the support of schools therein. 



SCHOOL DISTRICTS— EXECUTIONS AGAINST SCHOOL 
DISTRICTS— HOW COLLECTED. 



EXTRACTS FROM CHAPTER EIGHTY-FIVE OF 
THE GENERAL STATUTES. 

Section 3. The inhabitants of every town or school dis- 
trict are hereby declared to be a body politic and corporate, 
and by their corporate name may sue and be sued, prose- 
cute and defend any proper action or suit, by an agent or 
attorney, chosen for that purpose. 

30 Vt. 155. 



92 COMPILATION OF THE SCHOOL LAWS. 

Section 7. When judgment shall be rendered against 
any county, town, incorporated village, or school district, 
execution shall issue against the goods or chattels of the in- 
habitants of such county, town, incorporated village, or 
school district, and may be levied and collected of the 
same. 

Section 8. The officer, who shall receive any such exe- 
cution to levy and collect, shall forthwith demand the amount 
thereof of the treasurer of such county, town, or village ; or, 
if the execution is against a school district, of one of the 
prudential committee of such district, and such treasurer or 
committee shall pay the same, with all legal charges, if there 
shall be moneys in his hands sufficient to pay the same, be- 
longing to such county, town, village, or district. 

24 Vt. 551. 

Section 9. If, at the expiration of twelve days from the 
time of making such demand, the execution or any part 
thereof shall remain unpaid, the officer shall proceed to levy 
and collect the same as therein directed ; but he shall not levy 
upon the goods or chattels of any such inhabitants until 
twelve days after such demand shall have been made. 

Section 10. Any inhabitant, whose goods or chattels 
shall have been taken on any such execution, may, at any 
time before the sale of such goods or chattels, pay to the 
officer the amount of such execution, and all legal charges 
thereon. 

Section 11. Such inhabitant shall be entitled to recover 
against such county, town, village, or district, the sum so 
paid or levied on his goods or chattels, with interest thereon, 
at the rate of twelve per cent, per annum, in an action of 
assumpsit, for money paid, laid out, and expended. 



COMPILATION OF THE SCHOOL LAWS. 93 

Section 14. The selectmen of any town, and the trus- 
tees of any village, and prudential committee of any school 
district, whenever demand of payment is made, on an exe- 
cution against such town, village, or school district, if there 
shall not be available funds belonging to such town, village, 
or district, sufficient to satisfy such execution, with all 
charges, shall forthwith make and deliver to the collector 
of taxes for such town, village, or district, a tax-bill, on the 
list of the inhabitants of such town, village, or district, pay. 
able within sixty days from the time of such delivery, suffic- 
ient to pay such execution and all legal charges thereon, 
with twelve per cent, interest, and all other incidental ex- 
penses, which tax shall be deemed to have been regularly 
voted at a legal meeting of such town, village, or district, 
duly warned for that purpose. 

Section 16. In all cases where an action is or shall be 
given by law to the trustees of schools, selectmen, overseer 
of the poor, or town treasurer, in any town, the action shall 
be brought in the name of the town to which such trustees, 
selectmen, overseer, or treasurer belong ; and if the ac- 
tion is given against any such officers, it shall be brought 
against such town ; and actions in which the state is the 
party in interest, shall hereafter be brought and prosecu- 
ted in the name of the state ; and all actions in which a 
county is the party in interest, in the name of such county. 



94 



COMPILATION OF THE SCHOOL LAWS. 



TAXES.— COLLECTION OF SCHOOL DISTRICT TAXES. 



EXTRACTS FROM CPIAPTER EIGHTY -FOUR OF 
THE GENERAL STATUTES. 

ASSESSMENT OF TAXES AND THE POWERS AND DUTIES OF COL- 
LECTORS. 



Section 

1. Persons liable to contribute to ex- 
penses of government. 

2. Taxes to be uniformly assessed. 

6. Taxes on school-districts or other 
communities, how made. War- 
rants for collection, how issued. 

7. Powers and duties of collectors. 

8. Constable to give six days notice 
to person taxed before making 
distress. 

9. On neglect of payment, constable 
may distrain goods of delinquent. 

10. Distress to be kept four days. 

11. After which, may be posted and 
sold in six days. 

12. Overplus proceeds of sale to be 
returned to the owner. 

13. For want of goods body may be 
taken. 

14. Copy of warrant to be left with 
jailer. 

15. Jurisdiction of constable, and time 
in which tax may be collected. 

16. Tax against a feme sole may be 
collected of her husband. 



Section 

22. Real estate of non-resident pro- 
prietors not to be sold for taxes, 
except by first constables. Tax- 
bills to be with first constables 
from 1st to 15th of August. Duty 
of constable. 

23. Constables to be accountable to 
collectors. 

34. Taxes of non-residents of this 
state, how collected. Collector 
may commence trustee suit, &c. 

35. Trustee having less than ten dol- 
lars liable. 

36. Declaration in such suit. 

37. Money, how appropriated. 

38. Collector having tax against per- 
son residing out of town, may no- 
tify him by letter, &c. 

39. Time appointed for payment of 
such tax. 

40. If person so notified fail to pay 
tax, collector entitled to pay for 
travel, &c. 



DEATH, REMOVAL OR DISABILITY OF COLLECTOR. 



53. Duty of administrator or guardian 
of deceased or disqualified col- 
lector. 

54. Vacancy in ofiSce of collector to be 
supplied. 

55. If not supplied, succeeding collec- 
tor shall collect arrearages. 
Power and duties of collector in 
closing former taxes. 



56. 



57. Tax-bill may be put into hands of 
succeeding collector. 

58. If collector is disabled by sick- 
ness or otherwise, tax-bill may be 
given to another collector. 

59. Penalty for neglect of duties in 
section fifty-four. 



62. Collector not liable for errors in 
tax-bill. 

63. Collector to be indemnified against 
illegality in tax-bill. 



MISCELLANEOUS 
67 



School district and village taxes 
voted on the first day of March 
or thereafter, to be assessed on the 
list completed May fifteenth. 



ASSESSMENT OF TAXES, AND THE POWERS AND DUTIES OF 
COLLECTORS. 

Section 1. Every inhabitant of this state, except such 
as are by law exempted, shall contribute to the public 
charges and expenses of government. 



COMPILATION OP THE SCHOOL LAWS. 95 

Section 2. All state taxes and all taxes of counties, 
towns, villages, school districts, or other communities, which 
are or may be authorized by law to impose taxes, shall be 
uniformly assessed on the lists of the persons taxed, except 
where some other rule is provided by law. 

Section 6. When any town, village, school district, or 
other community shall impose a tax as authorized by law, 
it shall be the duty of the selectmen, trustee, or committee 
appointed for that purpose, to make out a tax-bill of such 
tax apportioned to the persons liable to pay such a tax, 
and apply to a justice for a warrant to collect such tax ; and 
any justice to whom such application shall be made, whether 
liable to such tax or not, is authorized and required to issue 
such warrant. 

17 Vt. 97; 34 Vt. 94; 38 Vt. 221; 39 Vt. 598. 

Section 7. Collectors of taxes, mentioned in the preced- 
ing section, after the receipt of their rate-bill and warrant, 
shall have the same power in all things, and proceed in the 
same manner in collecting their taxes, as in this chapter is 
prescribed for the collection of state taxes ; and shall pay 
over the taxes committed to them for collection by the time 
and to the persons designated in their respective warrants. 

Section 8. Each constable, on receiving from the select- 
men of his town an assessment or tax-bill, shall indorse 
thereon the true date when he received the same, and shall 
immediately give at least six days notice to each inhabitant 
of such town, taxed in such rate-bill, of the sum of which 
he is assessed, and of the time and place he will attend to 
receive such tax before he makes distress therefor, unless in 
cases where such constable shall have just reason to appre- 
hend such person is about removing out of such town. 

19 Vt. 329; 26 Vt. 380; 32 Vt. 769. 



96 COMPILATION OF THE SCHOOL LAWS. 



Section 9. Upon the neglect or refusal of any person 
to pay his tax, specified in such tax-bill, the constable is 
empowered and required to distrain the goods and chattels 
of such person so neglecting or refusing to pay his tax, 
excepting from distress the arms and accoutrements which 
it is the duty of such person to keep ; and the constable 
making such distress shall be entitled to eight per cent, 
commission on such tax, besides his lawful fees. 

16 Vt. 439; 18 Vt. 457; 19 Vt. 569. 

Section 10. When any goods or chattels shall be dis- 
trained for the payment of a tax, the constable shall keep 
such distress, at the cost and charge of the owner, four 
days, unless the tax for which the distress is taken, and all 
legal costs and charges, shall be sooner paid. 

Section 11. If, at the expiration of said four days, the 
owner do not pay such tax, with all the costs and charges 
which shall have accrued thereon, the constable, after post- 
ing such distress for sale for the space of six days in some 
public place in the town in which it was taken, shall sell the 
same at public auction to the highest bidder. 

24 Vt. 420. 

Section 12. After deducting the tax, commission and 
cost of taking, keeping and selling such distress, the consta- 
ble shall return the overplus, if any there be, to the former 
owner on demand, and shall furnish him, if requested, with 
an account of such tax and the costs. 

Section 13. For want of goods or chattels whereon to 
make distress, the constable may take the body of such de- 
linquent and commit him to the common jail, until such tax 
and costs be paid. 

26 Vt. 482; 28 Vt. 680. 



COMPILATION OP THE SCHOOL LAWS. 97 

Section 14. When any person shall be committed agree- 
ably to the preceding section, the constable shall leave with 
the keeper of the jail an attested copy of his warrant, and 
shall certify his doings thereon in relation to such delin- 
quent. 

19Vt. 447; 28 Vt. 680. 

Section 15. The constable or collector of any tax shall 
have power to collect the same in any place in the state, and 
may execute his warrant, agreeably to the provisions of this 
chapter, wherever he may find the property or body of a de- 
linquent, and at any time within three years from the time 
he received the lax-bill of such tax ; or if any person against 
whom such collector shall have a tax shall be absent from 
the state at the time such collector receives his tax-bill, or 
shall remove out of the state within one year thereafter, 
and have or leave no property known to such collector 
within the state, which can be distrained for the collection 
of taxes, such collector shall have power to enforce the col- 
lection of such tax at any time within three years from the 
time said absent person may return within the state, or have 
known property therein liable to distress for the collection 
of taxes. 

16 vt. 439; 25 Vt. 423. 

Section 16. If, at any time after makin'g up the grand 
list of any town, and setting therein the property of any un- 
married woman, she shall marry and her property thereby 
pass into the possession of her husband, it shall be lawful 
for any collector of taxes, who may hold a tax against said 
unmarried woman at the time of her marriage, or at any 
time thereafter, to collect the same of her said husband in 
the same manner as if the tax had been originally assessed 
against such husband. 
7 



98 COMPILATION OP THE SCHOOL LAWS. 

Section 22. No collector of any town, county, or state 
tax or taxes, no collector or highway surveyor appointed by 
any town, district, village, or other community in this state, 
to collect any tax, except first constables, shall hereafter 
have power or authority to sell in their ofiicial capacity, for 
the satisfaction of any tax committed to them for collection, 
any real estate belonging to any person not residing in the 
town in which said tax is assessed ; but it shall be the duty 
of all such collectors of taxes, in the several towns in this 
state, to deposit a list of the lands of non-residents, upon 
which the taxes are unpaid, on their respective tax-bills, 
therein stating the amount of taxes due on each of said 
tracts or parcels of land, with their certificate thereon that 
the same are true and correct lists, with the first constable 
of their several towns, on or before the first day of August 
annually ; and such constable shall make his certificate 
thereon of the time when he receives such list from such 
collector, and said lists shall remain in the hands of said 
first constable until the fifteenth day of such August, before 
the said lands shall be advertised for sale ; and no lands of 
non-residents shall be advertised or sold for taxes unless a 
list of the same has been so deposited, and remained in 
the possession of the first constable, as aforesaid ; and it 
shall be the duty of said first constables forthwith, after the 
said fifteenth day of August, to enforce the collection of all 
such taxes, together with all taxes which shall have been 
committed to them for collection, by selling so much of the 
real estate of said non-residents as shall be necessary to pay 
said taxes, with costs. 

Section 23. The said constable shall be accountable to 
the several collectors, of whom he may have received lists 
or rate-bills as aforesaid, for all sums which he shall collect 
thereon, as soon as collected. 



COMPILATION OF THE SCHOOL LAWS. 99 

Section 34. Whenever any person shall be delinquent 
in the payment of any tax legally assessed against him in 
this state, and shall not have known personal property in 
this state sufficient to satisfy such tax, the collector of such 
tax may, in his own discretion and in his own name, com- 
mence a trustee suit founded upon such tax against such de- 
linquent person, and may summon any person as trustee of 
such delinquent person, and the same service upon the pro- 
cess shall be made, and the same proceedings and judgment 
had, as is now provided by law in the case of trustee suits. 

As amended by No. 21, p. 40, Act§ 1864. 
[1865, No. 15, p. 26.] 

l^Section 1. In suits for the collection of taxes by the 
trustee process, all goods, chattels, rights, or credits, belong- 
ing to the delinquent or principal defendant, in the hands of 
the party trustee at the time of the service of such process 
upon him, or coming into his hands afterwards to time of 
final disclosure, shall be held chargeable. 

Section 2. The plaintiff in such case shall take judg- 
ment against the principal defendant, only for a sum, includ- 
ing costs, equal to the amount for which judgment is ren- 
dered against such trustee, and the collection of the balance 
of said tax shall in no wise be affected by such proceeding. 

Section 3. The jurisdiction of justices of the peace for 
the trial of such cases shall not be affected by reason of be- 
ing interested as a tax-payer in the district, village, city, 
town, or county where, or for whose benefit, such action 
may be brought or pending fur trial.] 

Section 35. It shall not be necessary, in proceedings 
under this chapter, that such trustee shall have the amount 
of ten dollars in his hands before he can be adjudged such 
trustee, or that the tax in suit should amount to ten dollars. 



100 COMPILATION OF THE SCHOOL LAWS. 

Section 36. In making a declaration in such process 
against such delinquent person, it shall be sufficient to state 
concisely therein, that the plaintiff is such collector and has 
a tax against such delinquent person, and that the same tax 
remains due and unpaid. 

Section 37. Whatever may be realized on the judgment 
rendered in any such suit shall be applied (after paying the 
costs of suit) on the tax. 

Section 38. Whenever a collector shall have for collec- 
tion a tax against any person residing out of the town in 
which the collector resides, he may notify such person 
thereof by a letter containing a statement of the amount of 
such tax, and of the time and place when and where the col- 
lector will receive payment thereof; such letter shall be de- 
posited in the post office, addressed to the person against 
whom such tax is, at his usual post office. 

Section 39. The time so appointed for the payment of 
such tax shall not be less than twenty nor more than forty 
days from the time when the letter shall be deposited in the 
post office, as aforesaid. 

Section 40. If the person so notified shall fail to pay 
such tax agreeably to notice, the collector may collect such 
tax of such person, and shall be entitled to six cents per 
mile for all necessary travel in the collection of such tax, 
to be collected with such tax, as other costs are collected, 
in the collection of taxes, such travel shall be reckoned the 
same as in the service of process by constables and sheriffs. 

death, REMOVAL, OR DISABILITY OP COLLECTOR. 

Section 53. When the collector of any tax shall remove 
out of the town, village, district, or other community for 



COMPILATION OF THE SCHOOL LAWS. 101 

which he was appointed, or shall die, or be placed under 
guardianship, while any tax-bill committed to such collector 
remains uncollected, in whole or in part, the collector sore- 
moving shall immediately, and the administrator or guar- 
dian of the collector, so deceased or under guardianship, 
shall, on demand, lodge with the clerk of the town, village, 
or other community, by whom such collector was appointed, 
such tax-bill and all moneys collected thereon, and not paid 
over as required by law. 

Section 54. When the office of collector in any town, 
village, or other community shall be vacant, as mentioned in 
the preceding section, the clerk shall call a meeting of the 
town, village, district, or other community, in which such 
vacancy exists, for the election of another collector, which 
they are hereby empowered to make ; and after a collector 
shall be thus elected and sworn, the clerk shall deliver to 
him the tax-bill, warrant, and moneys received of the former 
collector. 

Section 55. If no special meeting shall be called for the 
choice of a collector, as provided in the preceding section 
of this chapter, the collector who shall be chosen at any an- 
nual or stated meeting shall receive from the said clerk the 
tax-bill, warrant, and all moneys received by the clerk of 
the former collector. 

Section 56. The collectors so receiving the said war- 
rants and tax-bills of their predecessors shall have power to 
complete the collection thereof, and are in all things author- 
ized to do any act necessary to close the collection of such 
tax, in the same manner as the collectors to whom the tax- 
bills and warrants were originally committed might have 
done, and be liable to the same penalties. 

38 Vt. 221. 



102 COMPILATION OF THE SCHOOL LAWS. 

Sf.ction 57. Whenever any town, village, school dis- 
trict, tire district, state or county tax-bill, which has been 
put into the hands of any collector, shall, from the neglect, 
refusal or inal)ility of such collector, remain uncollected un- 
til another collector is chosen, such tax-bill may then be put 
into the hands of the collector last chosen ; and whenever 
said collector shall receive such tax-bill, he shall be and is 
hereby authorized and empowered to proceed and collect 
such taxes. 

Section 59. Any collector, removing, or the executor, 
administrator, or guardian of a constable, neglecting the 
duties required in section fifty-three of this chapter, shall be 
liable for the whole amount of the tax-bill therein mentioned, 
to the town, village, or other community, for which such col- 
lector was appointed, and shall have no authority to collect 
or receive the taxes unpaid on such tax-bills. 

MISCELLANEOUS. 

Section 62. No collector shall be liable to any action, 
which may accrue in consequence of any mistake, mis- 
charge, or overcharge in the tax-bill committed to him for 
collection. 

16 Vt. 578. 

Section 63. Every collector shall be fully indemnified 
by the town, village, district, or other community, by which 
he shall be appointed, for all damage to which he may be 
subjected by reason of the illegality of the imposition, as- 
sessment, or apportionment of any tax, or any illegality or 
informality in the tax-bill, warrant, or any other precept, 
furnished said collector for the collection of said tax, and 
all such damage may be recovered by such collector, of such 
town, village, district, or community, by action for that pur- 
pose. 

34 Vt. 426. 



COMPILATION OF THE SCHOOL LAWS. 103 

Section 67. The grand list to be completed on the fif- 
teenth day of May for the assessment of town and highway 
taxes, shall be the list on which all school district and vil- 
lage taxes voted on the first day of March, or at any time 
thereafter within one year, shall be assessed. 

As amended by No. 12, p. 25, 1874. 
38 Vt. 382. 



TEACHEKS— TIME OF II!^ DISTEICT SCHOOLS. 



1872, No. 16, p. 55. 

AN ACT IN RELATION TO THE TIME OF TEACH- 
ERS IN DISTRICT SCHOOLS. 
Section 1. In the absence of an express contract, a ses- 
sion of three liours in the forenoon, and three hours in the 
afternoon, shall constitute a school day, and five such days 
a school week, and four such weeks a school month, in the 
district schools of the state. 

Approved, November 12, 1872. 



TEXT-BOOK FOR USE IN SCHOOLS. 



1872, No. 14, p. 54. 

AN ACT RELATING TO TEXT-BOOKS TO BE USED 
IN THE SCHOOLS OF THIS STATE. 

Section 1. Hall's Geography and History of Vermont, 
now in use by the authority of law, in the schools of Ver- 
mont, or such revised edition of the same as may be issued, 
shall be continued as a text-book in said schools for the 
term of five years from the first day of November, A. D. 
1873. 

Approved, November 26,1872. 



104 COMPILATION OP THE SCHOOL LAWS. 



TEXT-BOOKS— SUPPLYING OF IN CERTAIN CASES. 



1870, No. 15, p. 51. 

AN ACT IN RELATION TO THE SUPPLYING OP 
SCHOOL-BOOKS TO THE PUPILS OF THE PUB- 
LIC SCHOOLS. 

Section 1. In case any pupil in a public school is not 
provided by his parent, master or guardian with the requi- 
site text-books, it shall be the duty of the prudential com- 
mittee of the district, or of the school board in any town 
which has abolished school-districts therein, to notify such 
parent, master or guardian that the pupil is not supplied 
with the requisite text-books ; and if, within one week after 
such notice, the parents, masters or guardians shall not sup- 
ply such books, their pupils shall be supplied therewith at 
the expense of the town or city, by the prudential commit- 
tee of the school-district, or by the school board of the city. 

Section 2. Should the committee fail, for two weeks 
after the enrollment of any pupil so unsupplied with books, 
to supply him with the needed books, as required by section 
one of this act, then it shall be the duty of the town super- 
intendent of schools to supply the same at the expense of 
the town. 

Section 3. The prudential committee and superintend- 
ent shall give notice in writing to the assessors of the town 
or city of the names of the pupils by them respectively sup- 
plied with books utider the provisions of the preceding sec- 
tions of this act, of the books so furnished, the prices 
thereof, and the names of the parents, guardians or masters 
who ought to have supplied the same. The assessors shall 
add the price of the books to the next annual tax of such 



COMPILATION OF THE SCHOOL LAWS. 105 

parents, guardians or masters, and the amount so added 
shall be levied, collected and paid into the treasury of the 
town or city in Ihe same manner as other town or city taxes. 

Skction 4. If the assessors are of the opinion that any 
{)arent, master or guardian is unable to pay the whole ex- 
pense of the books so supplied on his account, they shall 
omit to add the price of such book, or shall add only a part 
thereof, to his annual tax, according to their opinion of his 
ability to pay. 

Section 5. This act shall take effect on the first day of 
December, A. D. 1870. 

Approved, November 22, 1870. 



TOWN SYSTEM OF SCHOOLS. 



1870, No. 10, p. 38. 

AN ACT IN ADDITION TO CHAPTER TWENTY- 
TWO OF THE GENERAL STATUTES, RELATING 
TO SCHOOLS. 

Section 1. Any town in this state may, at its annual 
March meeting in 1871, or at any annual March meeting 
thereafter, by vote, by a majority of the voters present at 
any such meeting, abolish the school-district system in such 
town ; and the selectmen of each town shall insert an arti- 
cle for that purpose in the warning for the annual March 
meeting in 1871, and in the warning for any subsequent 
annual meeting, upon the application of three legal voters 
in such town. 

Section 2. At any annual town meeting at which the 
school districts shall be abolished, as provided in section 



106 COMPILATION OP THE SCHOOL LAWS. 

one of this act, the voters thereof shall elect either three or 
six school directors, citizens of such town, to be called the 
board of school directors, one third of whom shall be elected 
for the term of one year, one third for two years, and one 
third for three years from the close of the school year as by 
law established. And at every annual town meeting there- 
after there shall be elected one school director in towns hav- 
ing a board of three, and two school directors in towns hav- 
ing a board of six, and the term of office of all school 
directors so elected shall be three years from the close of 
the school year. 

Section 3. The selectmen shall fill any vacancy occur- 
ring in the board of school directors by resignation, death 
or other disability, until the next annual March meeting, 
when the town shall elect a director for the remainder of the 
unexpired term And all members of the board of school 
directors, whether elected by the town or appointed by the 
selectmen, shall hold their offices until their successors shall 
be elected in the manner hereinbefore provided. 

Section 4. Whenever any town shall vote to abolish 
school districts therein, in pursuance of sections one and 
two of this act, all the school districts in such town shall, 
from and after the first day of April next succeeding the 
day when such town shall vote to abolish school districts 
therein, cease to exist, except for the purpose of fully ar- 
ranging and settling up the pecuniary affairs of said school 
districts. The several school houses, and all property be- 
longing to the several school districts in such town, shall be 
appraised by a commission consisting of three persons, to be 
appointed by the assistant judges of the county court for the 
county in which such town is situated, and the amount of 
such appraisal shall stand to the credit of the several school 



COMPILATION OF THE SCHOOL LAWS. 107 

districts respectively, to be adjusted, allowed and equalized 
between such districts by applying such valuations upon the 
taxes thereafter to be assessed, under the provisions of this 
act, upon the grand list of the several school districts ; and 
all such school houses, and other property belonging to said 
several school districts, shall thereafter pass to and become 
the property of such town. 

Sfction 5. The board of school directors shall, on or 
before the first day of April in each year, elect one of their 
number chairman, who shall be vested with all the powers 
and subject to all the duties now imposed upon town super- 
intendents of common schools, and shall receive such com- 
pensation for his services from the state treasurer as is pro- 
vided by law for the compensation of town superintendents, 
and such further sum as the town may vote him to be paid 
out of the town treasury ; and such towns as shall adopt the 
provisions of this act shall not thereafter elect a town super- 
intendent of common schools, as now required by law. 

Section 6. The board of school directors shall, annu- 
ally, on or before the first of April in each year, appoint a 
clerk, not one of their number, who shall keep a permanent 
record book, in which all the votes, orders and proceedings 
of the board shall by him be recorded ; and who shall make 
all the returns to the town clerk now required by law to be 
made by clerks of school districts, and shall receive the 
same compensation therefor. 

Section 7. Said board of school directors shall have the 
care and custody of all the property belonging to the sev- 
eral public schools of such town, shall prescribe the number 
of schools, employ teachers and fix their compensation, have 
the management and control of all the public schools in such 



108 COMPILATION OF THE SCHOOL LAWS. 

town, examine and allow all claims arising therefrom, and 
draw warrants for the payment of such claims upon the 
town treasurer, which warrants shall be paid from the money 
hereinafter specified ; and said board shall have and enjoy 
in general all the powers and authority, and perform all the 
duties, pertaining to the office of prudential committee and 
clerk of school districts as now provided by law. They 
may establish graded schools, and provide for the instruc- 
tion of the scholars in the sciences and the higher branches 
of a thorough education, and may establish such by-laws 
and regulations for the carrying out of the powers above 
mentioned as are consistent with this act and the laws of the 
state. They shall be sworn to the faithful discharge of their 
duties, and shall receive no compensation for their services. 
But the chairman of said board shall receive the compensa- 
tion hereinbefore provided. 

Section 8. The treasurer of such town shall keep a sepa- 
rate account of all moneys appropriated for the use of schools, 
which moneys shall consist of the income of the United 
States deposit fund and of the town school fund, and the 
income of any money or property donated for the use of 
schools in such town, and all moneys appropriated by the 
selectmen of such town for the use of schools. And such 
town treasurer shall pay, out of any moneys mentioned in 
this section, all warrants drawn by said board of school 
directors for the use of schools. The selectmen of such 
town shall annually appropriate for the use of schools in 
such town a sum not exceeding the amount which would be 
raised by a tax of fifty cents upon the dollar of the grand 
list of such town, and not less than twenty-five cents upon 
the dollar, and the selectmen of such town shall assess a 
tax annually for the purpose of defraying such appropria- 



COMPILATION OP THE SCHOOL LAWS. 109 



tions of not less than twenty-five cents, nor exceeding fifty 
cents upon the dollar of the grand list of such town, and 
such town shall not be required to assess the tax mentioned 
in section eighty of chapter twenty-two of the general stat- 
utes. 

And the selectmen of any town are hereby authorized to 
levy and collect any additional tax above fifty cents on the 
dollar that shall be voted for school purposes at any annual 
town meeting in said town. 

It shall be the duty of such town to provide and maintain 
suitable school houses for the accommodation of all the 
schools in such town, and the location, construction and sale 
of the same shall be under the control of the board of school 
directors. 

Section 9. The board of school directors may receive 
students from other towns into their schools upon such terms 
as they may deem proper, and any moneys received by them 
from such students shall be paid into the school fund of such 
town. 

Section 10. In all cases of districts formed of the terri- 
tory or inhabitants of two or more adjoining towns, one of 
which adopts the provisions of this act, the town adopting 
the provisions shall forthwith take possession of the school 
house of such district, when such school-house building is 
situate in such town, and of the school apparatus, land and 
other property of such district ; and the selectmen of such 
town, and the selectmen of the adjoining town or towns, 
shall forthwith appraise such property, and shall determine 
what proportion thereof is owned by the inhabitants of such 
adjoining town or towns ; and in case the said several boards 
of selectmen shall not agree in their said appraisal or ap- 
portionment, the same shall be determined by three commis- 



110 COMPILATION OF THE SCHOOL LAWS. 

sioDors, appointed by the assistant judges of the county 
court of the county in which such towns are situated ; and 
in case said towns are situated in different counties, then the 
same shall be appraised and apportioned by five commission- 
ers, three of whom shall be appointed by the assistant 
judges of the county court of the county in which the town 
asking such commission is situated, and two by the county 
court of the county where the adjoining town is situated, 
none of which commissioners shall be residents of either of 
such towns. Such commissioners shall receive the same pay 
for their services as is now provided by law for services of 
road commissioners, and shall, within ten days after such 
appraisal, file their reports in the town clerk's office of each 
of said towns, and the expense of such commission shall be 
defrayed by the town asking the same. 

Section 11. It is hereby made the duty of the assistant 
judges of the several county courts in this state to appoint 
the commissioners under the provisions of this act, upon the 
application of the selectmen of any town adopting this act. 

Section 12. The town taking property of fractional dis- 
tricts, as provided in this act, shall, within sixty days after 
such appraisal of the selectmen, or the filing of the report 
of the commissioners, as provided in section ten of this act, 
pay to the treasurer of such adjoining town such amount as 
may be apportioned to the inhabitants of such town. 

Section 13. The board of school directors shall, at each 
annual meeting, make a report to the town of their proceed- 
ings for the last school year, and present an exhibit of all 
warrants drawn by them for the use of schools. 

Section 14. This act shall not apply to or in anywise 
affect any graded school district which has been incorporat- 



COMPILATION OP THE SCHOOL LAWS. Ill 

ed by special act of tlie legislature, unless accepted by a 
vote of two thirds of the legal voters therein ; nor to any 
district formed by the cod current votes of two or more ad- 
joining towns, without the concurring votes of each of said 
towns consenting thereto. 

Approved, November 22, 1870. 



1872, No. 9, p. 46. 

AN ACT RELATING TO THE TOWN AND DISTRICT 
SYSTEMS OF SCHOOLS. 

Section 1. Any town in this state, that has abolished its 
school-district system in accordance with an act entitled 
" An act in addition to chapter twenty-two of the general 
statutes, relating to schools," approved, November 22, A. 
D. 1870, may, at the annual March meeting of said town in 
A. D. 1873, or at any fourth annual March meeting there- 
after, abolish its town system of schools ; and any town in 
this state that may hereafter abolish its school-district sys- 
tem in accordance with said above-mentioned act, may, at 
any fourth annual March meeting of said town thereafter, 
abolish its town system of schools, and the selectmen of any 
town shall insert an article for that purpose in the warning 
for any annual March meeting above designated, upon the 
application of three legal voters in such town. 

Section 2. When any town shall abolish its town sys- 
tem of schools, as provided in section one of this act, said 
town shall be divided into the same number of school dis- 
tricts, with the same limits and boundaries, and shall be 
known and designated by the name of their respective num- 
bers in a regular series from number one upwards, the same 
as said districts existed before they were abolished by said 



112 COMPILATION OF THE SCHOOL LAWS. 

town ; and such districts shall have all the power and be 
subject to all the duties, requirements and liabilities which 
by law are vested in or imposed upon school-districts. 

Section 3. At any annual town meeting, at which the 
town system of schools shall be abolished, the voters thereof 
shall elect a town superintendent of common schools ; and 
also a clerk for each school district, who shall be a legal 
voter in such school district for which he is elected clerk. 
And such clerk shall call the first meeting of said school 
district, which shall be held on the last Tuesday of March 
next succeeding said town meeting, by posting up notice in 
manner and form as now provided by law for holding the 
annual meetings in school districts ; and said school district 
may at this meeting elect officers for the year ensuing for 
said district, and also do any other business that school dis- 
tricts are empowered to do at their annual meetings : pro- 
vided, that said school-district clerk shall have notified the 
voters of said school district of the proposed business in the 
warning aforesaid. 

Section 4. Whenever any town shall vote to abolish the 
town system of schools, the school houses and other prop- 
erty formerly belonging to the same school districts, shall 
thereafter pass to and become the property of the same 
school districts respectively, and the selectmen of said town 
shall ascertain and fix upon the amount of credits upon its 
taxes that each of said districts has received, by reason of 
valuation and equalization of school property, and all ex- 
penses in building or repairing school-houses in said districts 
under the town system of schools, in accordance with the 
provisions of section four of an act entitled " An act in ad- 
dition to chapter twenty-two of the general statutes, relating 
to schools," approved November 22, A. D. 1870 ; and said 



COMPILATION OP THE SCHOOL LAWS. 113 

selectmen sluiU equalize the same upon the grand lists of the 
several districts, when so restored to the district system, so 
that eacli district shall own its scliool-property as before the 
adoption of the town system of schools. 

Section 5. This act shall take effect from its passage. 

Appi'oved, November 26, 1872. 



UNION OR GRADED SCHOOL DISTRICTS. 



No. 33 of 1868, p. 3G. 

AN ACT TO ENCOURAGE THE FORMATION OF 
UNION OR GRADED SCHOOL DISTRICTS, AND 
IN RELATION TO PRUDENTIAL COMMITTEES. 



Section 

1. Graded schools, formed iinder the 
provisions of cliapter twenty-two 
of tlie General Statutes, shall be 
entitled to the same number of 
distributive shares of the public 
money as the several districts 
were entitled which constitute the 
graded school. 

2. Prudential committee may consist 
of nine, one-third to be chosen 
annually ; tenure of office. 



Section 

3. Elections of prudential committee, 
how made ; vacancies how filled. 

4. Text-books may be supplied to 
children at the expense of the 
district ; amount of such ex^jense 
to be added to the tax of the pa- 
rent or guardian of the children 
so supplied. 



Section 1. Any union or graded schools, in any town 
in this State, formed under the provisions of chapter twenty- 
second of the general statutes, relating to union or graded 
schools, whenever the town in which such union or graded 
school is located, so vote, shall be entitled to and receive the 
same number of the distributive shares of that portion of 
the public school money, which is distributed equally be- 
tween the districts, as they would have been entitled to, be- 
fore forming such high or graded school districts. 

Section 2. Any union or graded school districts, formed 
under the provisions of this act, may elect three, six, oi* 
8 



114 COMPILATION OF THE SCHOOL LAWS. 

nine prudential committee, one-third of the number to be 
chosen each year, and to hold their offices for three years or 
until others are chosen. 

Section 3. At the first election of prudential committee 
under this act, one-third of the number, any such union or 
graded school district shall first designate, shall be elected, 
to hold their offices three years, one-third two years, and the 
remaining one-third one year ; and in case of a vacancy 
from any cause, the district, at any annual school meeting, 
may elect a substitute to serve for the unexpired term. 

Section 4. In any union or graded school district, estab- 
lished under the provisions of this act, the prudential com- 
mittee may procure the necessary text-books, at the expense 
of the district, for any children who are not supplied with 
them, and the amount paid for such text-books shall be ad- 
ded to the school-tax of the parent or guardian of the child 
for whom the books were obtained, and shall be collected 
with the tax, unless the tax is abated. 

Approved, November 19, 1868. 



VOTING IN SCHOOL DISTEICT MEETING. 



Acts 1874, No. 58, p. 90. 

AN ACT TO PREVENT ILLEGAL VOTING IN TOWN, 
VILLAGE OR SCHOOL DISTRICT MEETINGS. 

Section 1. If the presiding officer at any town, village or 
school district meetings shall knowingly receive and count 
any vote or votes frbm any person not a legal voter, or 
knowingly receive from any legal voter at any one balloting 
for the same office more than one vote, he shall be punished 
by a fine not exceeding one hundred dollars for each offence. 



COMPILATION OP THE SCHOOL LAWS. 115 

Section 2. If any person, knowing that he is not a qual- 
ified voter, shall at any of said meetings mentioned in the 
first section of this act, willfully give in a vote for any offi- 
cer to be chosen, he shall be punished by a fine not exceed- 
ing one hundred dollars for such ofl'euce. 

Section 8. The fines mentioned in this act may be recov- 
ered to the use of this state, by information or indictment 
before the county court in the county where the ofience shall 
be committed. 

Approved, November 13, 1874, 



WRIT AGAINST SCHOOL DISTRICT. 



EXTRACT FROM CHAPTER THIRTY-THREE, GEN- 
ERAL STATUTES. 

TIME AND MANNER OF SERVICE. 

Section 19. Every writ and process, returnable before 
the supreme or county court, shall be served at least twelve 
days before the session of the court to which it is returna- 
ble, including the day of service, and excluding the return 
day ; and every writ issued against any sherifi", high bailifl", 
or constable, for any default, neglect, or misconduct in their 
respective offices, shall bo served at least eighteen days be- 
fore the session of the court to which it is made returnable ; 
and every writ issued against any town, county, school dis- 
trict, or other corporation, shall be served at least thirty 
days before the session of the court to which it is made re- 
turnable, except writs in which such town, county, school 
district, or other corporation, may be summoned as trustee 
or trustees. 

3 Vt. 14; 14 Vt. 391; 18 Vt. 590. 



116 COMPILATION OF THE SCHOOL LAWS. 

Section 24. All writs against a corporation shall be 
served by leaving a copy with the clerk thereof, unless he 
be absent from the state ; if there shall be no clerk to such 
corporation, or if such clerk be absent from the state, such 
copy shall be left with one of the principal officers of such 
corporation, or, in absence of all such officers, with one of 
the stockholders. 

12 Vt. 425: 21 Vt. 488; 28 Vt. 401; 41 Vt. 611; 1868, No. 22, p. 28. 



PART II 



DIGEST 



Decisions of tiio Simrdio Court of foriiioii 



RELATING TO 



SCHOOLS AND SCHOOL LAWS. 

COMPILED UNDER AUTHORITY OF AIST ACT OF THE LEGISLATURE 
AND APPOINTMENT BY THE GOVERNOR, 



BY 



GILBERT A. DAVIS, OF READING. 



TABLE 



TITLES, DIVISIONS, SUBDIVISIONS AND REFERENCES. 



I. Action. 

1. When maintainable by school district against listers. 

2. For inju-ry to real estate of district. 

II. Certificate to Teachers. 

1. Form of. 

2. Substance of. 

3. Valid without personal examination. 

4. 5, 6, 7. An essential pre-requisite. 

8, 9, 10, 11. Time of obtaining. 

12. How long in force under Compiled Statutes. 

13. Under Compiled Statutes, if teacher had a certificate at 

time she commenced a term of school, she can recover 
for her services during that term, although certificate 
expired prior to expiration of that term. 

III. Collector. 

1. Term of office. Duties cannot be assigned to another. 

2. Warrant to collector. 

3. Certificate on rate-bill. 

4. Erroneous date of certificate. 

5. Effect of omission to enter day and year of receiving war- 

rant. 
,6. Alteration of warrant by magistrate. 
7, 8. Rights on absolute refusal to pay tax. 

9, 10. Proceedings subsequent to levy. 

11. Time of posting property for sale. 

12. Place of sale of property distrained. 
13, 14. Necessary proof under justification. 

15. Indemnifying collector. 

16. No authority to arrest for non-payment of interest on 

taxes. 

17. Proceedings at sale. 

Collegiate Education. See Education. 
Common School Education. See Education. 



120 DECISIONS OF THE SUPREME COURT. 

TV. CONSTITUTIONAI, LAW. 

English Composition. See Teacher, 5; Prudential Com- 
mittee, 8. 
Entkies in Registry. See Teacher, 2. 
Contract with Teacher. See Teacher, 1. 
Corporeal Punishment. See Teacher, 3. 

V. Education. 

VI. Evidence. 

1. Admission by pleadings. 

2. Proof by reputation. 

a. 01" the existence and oru^anization of school districts. 

b. And that such person was its prudential committee. 

3. Presumptions. 

a. As to application for warning for school meeting. 

b. As to loss of collector's notice of sale. 

c. As to regular organization of school district. 

4. Parol evidence admissible. 

a. To show true time of execution of certificate. 

b. To show true time when rate-bill and certificate were 

made. 

c. To prove contents of notice of sale. 

5. Parol evidence is not admissible. 

a, b, c, d, e. To vary or contradict the records of a school 
district clerk in a suit at law, nor to supply defects in 
such records. 

6. Evidence in pai'ticular actions. 

1. In assumpsit. 

a. To recover damages for dismissing a teacher. 

b, c, d. To recover pay for having taught a district 
school. 

2. In trespass for alleged excessive punishment of a pupil 

by his teacher. 

VII. Grand List. 

Not a legal basis for taxation until signed and sworn to by 
listers. 

VIII. Grant. 

IX. Listers. 

a. Ministerial duty of. 

b. Duty as to designating school district in which partnership 

property is to be set. 

c. Action against. 

X. Mandamus. 

Moderator. See School District Meetings, 8. 
XL Officers of School District. 

a. Term of office. 

b. Eligibility. 

c. d, e, f, g, h. Vacancies in district offices. 



DECISIONS OP THE SUPREME COURT. 121 

XII. Pleading. 

1. Indictment against town. 

2. Declaration. 

a, b. In assumpsit, 
c. In case. 

3. Pleas. 

a, b. In trespass. 

XIII. Prudential Committee. 

1. Exclusive authority to hire teachers, 

2. Authority to dismiss teachers. 

3. 4. Sufficient cause for dismissal of teacher. 

5. To make out rate-bill. 

6. To see that means are ])i-ovided to pay teacher. 

7. No power to waive obtaining certificate. 

8. May expel scholar for refusing to write English composi- 

tions. 

0. May allow school house to be used for a private school. 

10. Has exclusive control over occupancy of school house 

when public school is in operation. 

11. Has no authority to employ counsel to defend colleelor. 

12. Has power to compromise and j)ay claims against district, 

growing out of his legal action as committee. 

13. May recover value of necessary fuel furnished. 

14. No authority to assess tax for fuel without a vote of the 

district. 

15. How far controlled by custom of district. 

Register, entries in. See Teacher. 

Sale of Property distrained for non-payment of 
Taxes. See Collector, 12. 

XIV. School District. 

1. Proof of existence and organization. 

a. By re]iutation. 

b. c, d. By other evidence. 

2. Boundaries. 

a. Must be by territorial limits. 

b. But not necessarily connected territoiy. 

c. Limits must be defined by vote of town. 

3. Proceedings of towns in formation and alteration of 

school districts. 
a, b, c, d. Sufficient description of territory, 
e, f, g, h, i. Sufficiency of vote, 
j, k, 1. Article in waruing. 

m. Annexing inhabitant to district in adjoining town, 
n, o. When vote of annexation takes ett'ect. 

4. Powers of school districts in locating, purchasing land 

and building school house. 

a. Location. 

b. Purchasing land. 

c. Taking land by proceedings in invitum. 

d. Quantity of land that may be taken. 

. e, f. g, h, i, J, k. In building school house. 



122 DECISIONS OF THE SUPREME COURT. 

1. Acceptance of house by building committee. 

5. Assuming defence of collector. 

a. May by vote; and may raise tax to defray the expense. 

6. R:ititication of unautliorized act of committee, 
a, b. By vote. 

c. By acquiescence. 

7. 8. Control of district over school house. 

9. The inhabitants have no estate in district propert}'. 
10. Agent of, entitled to recover what it was worth to him to 
do the work. 

School House. See Scliool District, 4; Prudential Com- 
mittee, 9, 10; Warning for City Meeting. 

XV. School Distkict Meetings. 

1, 2. Length of notice of, required. 

3. How length of notice computed. 

4. Omission to state in warnini; the hour of the meeting. 

5. Omission to state hour of adjourned meeting. 

6. N »t necessary to state in warning the application therefor. 

7. Meeting valid if warned without application therefor. 

8. Moderator pro tern may preside. 

9. Rescinding vote. 

10, 11. Warnins; must specify the business to be done. 
12. Same princi[)le applied to a city meeting. 

XVI. School District Records. 

a. Warning. 

b. Defects in records. 

c. Correction of records. 

d. Mandamus to clerk. 

6. Records of school district not constructive notice of the 
limit of the authority of prudential committee. 

Superintendent of Schools. See Certificate to Teacher. 

XVII. Taxation. 

1. Residence of tax-payer. 

2. Vote of district necessary. 

a. Under the General Statutes. 

b. Under act of 1850. 

3. On what list to be assessed. 

a. Under laws in foi-ce in 1880. 

b. Under acts of 1827 and 1833. 

c. Under act of 1842. 

4. Duties of listers. 

a. In designating school district. 

b. How far designation of listers is conclusive. 

c. How separate valuation may be made. 

5. Rate-bill and warrant. 

a. Special committee no authority to make. 

b. Such rate-bill illegal. 

c. Rate-bill and warrant. 

d. Slight excess in amount of tax will not invalidate. 

e. Wari'ant should be annexed. 



DECISIONS OF THE SUPREME COURT. 123 



f. Warrant should require money to be paid to treasurer. 

g. Name of inhabitant not taxable need not appear in 

tax-bill, 
li. Omission to limit time of payment does not invalidate. 

6. Effect of illegality of part of tax. 

7. Tax against fetne sole who married, husband not liable to 

pay. 

8. Interest on taxes not collectible. 

XVIII. Teacher. 

1. Contract. 

a. Construction of contract. 

b, c. Contract to teach for definite time. 

d. Prudential committee has power to dismiss teacher. 

e. District no power to dismiss teacher. 

f. Sufficient cause for dismissal. 

g. h. Cause for dismissal under special contract. 

i. Dissatisfaction of scholars and parents no cause. 

j. Rights to damages for breach of contract not lost b}' 

taking order under circumstances named, 
k. Vote of district to accept proposition of settlement. 

2. Omission to make entries in register, effect of. 

a. Did not forfeit his wages under section 110, chapter 22, 

General Statutes. 

b. Renders teacher liable to pay damages therefrom to the 

district. 

c. d. Omission through fault of committee. 

3. Right to inflict corporeal punishment. 

a. Has always been sanctioned. 

b. For offences out of school hours. 

c, d. Liability of teachers for excessive punishment. 

4. Authority fo expel scholar. 

.5. Teacher may require English composition by his scholars. 

Towns. See School District, 3. 

XIX. Union School District. 

a, b, c. Organization. 

d, e, f, g. How altered or dissolved. 

XX. U. S. Deposit Money. 

XXI. Warning for City Meeting. 
See School District Meeting, 12. 



TABLE 



CASES CITED IN THIS DIGEST, 

WITH VOLUME AND PAGE OF THE REPORT, AND THE TITLES AND 
PLACITA OF THIS DIGEST WHERE FOUND. 



Adams v. Crowell et al., 40 Vt. 31. Evidence, 5, c. Taxation, 2, a. 
Adams v. Hyde, 27 Vt. 221. Pleading, 3. School Meeting 11. 

Taxation, 4, c. 
Allen V. Burlington, 45 Vt. 203. School District Meeting, 12. 

Warning for City Meeting, 12. 

B. 

Baker v. School Dist. No. 2 in Barton, 4(i Vt. 180. School Dis- 
trict Records, e. 

Baker v. School Dist. in Brookfield, 12 Vt. 192. Certificate, 4. 

Barnes v. Barnes, 6 Vt. 388. Evidence, 2, a. School District, 1. 

Bates V. Haseltiue, et al. 1 Vt. 81. Collector, 13. 

Bean, et al. v. Prudential Committee, 38 Vt. 177. School Dis- 
trict, 4, a. 

Blanchard v. School Dist. in Warren, 29 Vt. 433 Certificate, 3. 

Bowen v. King, 34 Vt. 157. Evidence, 2, a. School District, 1. 
Union School District, a. Taxation, 2, b. 

Brown v. Hoadley, 12 Vt. 472. Taxation, 3, b. 

Bull V. Griffith, 30 Vt. 273. Evidence, 2, a. School District, 1, a. 
Taxation, 5, f, g. 

C. 

Cameron v. School District in North Hero, 42 Vt. 507. Evidence, 
5, b. School District, 6, b. 



DECISIONS OP THE SUPREME COURT. 125 

CaproQ V. Eaistrick, 44 Vt. 513. Grand List. 

Chandlery. Bradish, 23 Vt. 410. Officers of District, f. School. 

Meeting, 11. 
Chaplin et al. v. Hill et al. 24 Vt. 528. Action, 2. Pleading, 2, 

c. Prudential Committee, 10. 
Clark V. School District in Pawlet, 29 Vt. 219. Teacher, 1, b. 
Crosby v. School District in Readsboro, 35 Vt. 623. Certificate, 2. 

Teacher, 2, a. 

D. 
Dix et al. v. School District ISTo. 2 in Wilmington, 22 Vt, 309. 

School District, 4, b. Pleading, 2, b. 
Dow V. School District in Walden, 46 Vt. 108: School District, 4, 1. 
Downer v. Woodbury, 19 Vt. 329. Collector, 7. 
Doyan v. School District in Montgomery, 35 Vt. 520. Pleading, 2, a. 

E. 

Eddy V. Wilson, 43 Vt. 362. Evidence, 3, b. 4, c. 5, e. School 

District, 4, e, f, g. School Meeting, 9. Taxation. 5, c. 
Edson V. Sprout & Tr., .33 Vt. 77. Prudential Committee, 6. 

F. 

Fairbanks & Co. v. Kittredge et al. 24 Vt. 9. Listers, a, b, c. 
Felt V. School Dist. No. 2 in Rockingham. School District, 8. 

G. 

George v. School Dist. No. 8 in West Fairlee and Vershire, 20 

Vt. 495. Certificate, 3. 
Goodrich v. School District in Fairfax, 26 Vt. 115. Certificate, 

5, 6. Prudential Committee, 7. 
Goodwin v. Perkins, 39 Vt. 598. Collector, 4, 5, 6. Evidence, 4 b 

Officers of District, g. 
Gray v. Sheldon, 8 Vt. 402. School District, 2, a. 
Grammar School v. Burt, 11 Vt. 632. Grant. 
Greenbanks v. Boutwell, 43 Vt. 207. School District, 3, e, h. i. j. 
Guernsey v. Pitkin, 32 Vt. 224. Prudential Committee, 8. 

Teacher, 5. 

H. 
Hadley v. Chamberlin et al. 11 Vt. 618. Collector, 1. 
Harrimau v. School District in Orange, 35 Vt. 311. Collector, 11. 



126 DECISIONS OP THE SUPREME COURT. 

Hall V. School District in Calais, 46 Vt. 19. School District, 3, j. 

Harrington v. School District in Alburgh, 30 Vt. 155. School 
District, (5, c. Collector, 15. 

Hathaway v. Rice, 19 Vt. 102. Ploadiug, 3, 1). Teacher, 3, a. 

Hewitt V. Miller. 21 Vt. 402. School District, 3, m. 

Holdcn ('. School District in Shrewsbury, 38 Vt. 529. Prudential 
Committee, 2. Teacher, 1, a. 

Holman v. School District No. 4 in Halifax, 34 Vt. 270. Certifi- 
cate, 12 and 13. 

Hopkins v. School District in Danl)y, 27 Vt. 281. Evidence, 4, a. 

Hunt V. School District in Norwich, 14 Vt. 300. School District 
Meetings, 1. 

J. 

Johnson u. Colburn, 36 Vt. 693. School District, 5, a. Taxation, 6. 
Johnson v. Sanderson, 34 Vt. 94. Prudential Committee, 5. Tax- 
ation, 5, a, b. 
Jones V. Camp, 34 Vt. 3S4. Union School District, g. 

K. 

Kimball v. School District in North Hero, 42 Vt. 507. School 
District, 6, a. 

L. 

Lander v. Seaver, 32 Vt. 114. Evidence, 6, 2, a. Teacher, 3, a, 
b, c, d. 

M. 

Mason v. School District in Brookfield, 20 Vt. 487. Evidence, 3, a. 
Mandamus. Officers of District, f. Prudential Committee, 1. 
School District Meetings, 3, 7. Teacher, 1, c, e. School Dis- 
trict Records, d. 

Middlebury College v. Chandler, 20 Vt. GS3. Education. 

Moore v. Beattie, 33 Vt. 219. School District, 3, a. 

Moss V. Hinds, 29 Vt. 188. Evidence, 1. Taxation, 3, c, d. 

Mott V. Reynolds, 27 Vt. 206. School District Records, c. 

N. 

Norton V. School District in Tinmouth, 37 Vt. 521. Prudential 
Committee, 12, 13, 14, 15. 



DECISIONS OF THE SUPREME COURT. 127 

0. 

Ovitt V. Chase, 37 Vt. 196. Taxation, 4, a, b. School District, 3, 
j, n, 0. 

P. 

Paul V. School District in Hartland, 28 Vt. 575. Certificate, 8. 

Evidence, 6, a. Teacher, 1, f, g. i. 
Pierce i'. Carpenter, 10 Yt. 480. School District, 2, c. 3, c. 
Pierce, Admr. v. Whitman, 23 Vt. 626. Union School District, f. 

R. 

Reed v. Chandler, 32 Vt. 285. Grand List. 

Reed v. Jamaica, 40 Vt. 629. Collector, 3. 

Richardson v. School District in Westminster, 38 Vt. 602. Pru- 
dential Committee, 4. Teacher, 1, h, j, k. 

Russell V. Dodds, 37 Vt. 497. School District. Prudential Com- 
mittee, 9. 

s. 

Sawyer v. Williams, 25 Vt. 311. Evidence, 2, a. School District, 
1, a. 3, d. 

School Dist. in St. Johnsbury v. Kiitredge & Starkie, 28 Vt. 650. 
Action. 

Scott V. School Dist. in Fairfax, 46 Vt. 452. Certificate, 11. 
Teacher, 2, e, f. 4. 

Shaw V. Peckett & Gerry, 26 Vt. 482. Collector, 16. Taxation, 8. 

Sherwin v. Bugbee, 16 Vt. 439. Evidence, 2, a, 3 a, 5, d. School 
District, 1, a, b. School District Meetings, 4, 6. School Dis- 
trict Records, a. 

State V. Jericho, 12 Vt. 127. U. S. Deposit Money. 

State V. Northfield, 13 Vt. 565. Pleading, 1. 

State V. Williams, 27 Vt. 755. Evidence, 2, a. Teacher, 4. 

Stevens v. Kent, 26 Vt. 503. Otficers of District, 3, 4. School 
District Meetings, 8. 

Sumner v. Pinney, 31 Vt. 717. Taxation, 7. 

T. 

Thomas u. Gibson, 11 Vt. 607. School District, 1, c. 

Tiletson v. Newman & Gates, 23 Vt. 421. School District, 1, a. 



128 DECISIONS OP THE SUPREME COURT. 

w. 

Walker v. Miner, 32 Vt. 629. OfficerJ^ of District, 1. Taxation, 1, n. 

Waters i\ Daines, 4 Vt. (iOl. Collector. 14. Taxation. 

Weeks v.- Batchclder, 41 Vt. 317. Collector, 2. School District, 2, 
b, .3, 1. 

Welcli V. Brown & Tr., .30 Vt. 586. Certificate, 5. 7. 

Wells V. School District No. 2 in Granhy, 41 Vt. 353. Certificate 
to Teachers, 1, 10. Evidence, 6, d. 

Wheelock v. Archer & Wilder, 26 Vt. 380. Collector, 7, 8, 0, 10. 

Williams v. School District No. 6 in Newfane, 33 Vt. 271. Scliool 
District, 4, c, d. Constitutional Law, 1. 

Wilson V. Seavey, 38 Vt. 221. Taxation, 5, e. 

Woodcock V. Bolster, .35 Vt. 632. Collector, 17. Officers of Dis- 
trict. 1, 2, 5, 8. 

Woodard v. Ishara, 43 Vt. 123. Taxation, 1, b. 

Woodward v. French, 31 Vt. 337. Taxation, 1, a. 

Wyley v. Wilson, 44 Vt. 404. School District, 3, f, g, h, i. 



DIGEST OF THE DECISIONS OF THE SUPREME COUET 

OF VERMONT HAVING REFERENCE TO THE 

SCHOOLS AND SCHOOL LAWS. 



I. Action. 

1. When maintainable by school district against listers. 
A school district may sustain an action against the listers, 
if they designate any part of the property, which belongs to 
and is taxable in their district, as belonging to another 
school district, so that the plaintiff district is deprived of 
the benefit of the list upon that property in the assessment 
of their taxes. 

If such a designation has been wrongfully made, the list- 
ers will be liable if they refuse or neglect to correct it, 
when requested by a special committee of the injured dis- 
trict, though no request be made by the prudential commit- 
tee. — School Dist. in St. Johnsbury v. Kittredge ^ Starkie, 
28 Vt. 650. 

2. For injury to real estate of district. The inhabitants 
of a school district have no estate in any form in the prop- 
erty belonging to the district, and it seems that the district 
alone could bring trespass quare clausum /regit. — Chaplin 
et al. V. mil et a/., 24 Yt. 528. 

II. Certificate to Teachers. 

1. Form of. 

2. Substance. 

3. Valid without personal examination. 

4. 5, 6, 7. An essential pre-requisite. 
8, 9, 10, 11. Time of obtaining. 

12. How long ill force under Compiled Statutes. 

9 



130 DECISIONS OF THE SUPREME COURT. 



13. Under Compiled Statutes, if teacher had a certificate at time 
she commenced a term of school, she can recover for 
her services dmung that term, although certificate ex- 
pired prior to expiration of that term. 

1. Form. Under sec. 11, chapter 22, of the General 
Statutes, no particular forvn is prescribed or required for 
a teacher's certificate of qualifications to teach school. The 
superintendent having certified that the })arty was exam- 
ined and approved by him on a given day is sufficient. — 
Wells V. School Bistriet No. 2 in Granby, 41 A^t. 353. 

2. /Substance. It is not essential to the validity of a cer- 
tificate that it should contain a statement as to the moral 
character of the teacher. — Crosby v. School District in 
Readsboro, 35 Vt. 623. 

3. Valid without personal examination. A certificate 
will be valid without a personal examination as to the teach- 
er's qualifications, but upon such other evidence as is satis- 
factory to the superintendent. — Greorge v. School District in 

West Fairlee., 20 Vt. 495 ; Blanchard v. School District in 

Warren, 29 Vt. 433. 

4. An esseyitial pre-requisite. The statute of 1827, re- 
quiring school teachers in the several towns to obtain cer- 
tificates of their qualifications, was intended to make such 
certificates pre-requisites to the performance of any legally 
meritorious service in that capacity. — Baker v. School Dis- 
trict in Bakersjield, 12 Vt. 192. 

5. It is a condition precedent to any valid contract for 
teaching a common school that the teacher obtain a certifi- 
cate from the town superintendent, and the teacher in order 
to recover his wages of the district must show a compliance 
with this requirement. — Goodrich v. School District in Fair- 
fax, 26 Vt. 115 ; Welch v. Brown and Tr., 30 Vt. 586. 



DECISIONS OP THE SUPREME COURT, 131 

6. And the facts that the teacher was a minor and that 
the superintendent was sick and unable to examine him, 
and after his death that no superintendent was appointed in 
his place till after the commencement of his school, cannot 
supersede the statute ; and the prudential committee have 
no power to waive its requirements. — Croodrich v. School 
Dist. in Fairfax, 26 Vt. 115. 

7. Nor does the mere fact that there was ill feeling be- 
tween the town superintendent and the teacher excuse the 
teacher from obtaining such certificate. — WelcJi v. Brown ^ 
Trustee, 30 Vt. 586. 

8. Thne of obtaining. The plaintiff contracted to teach 
school for the, defendants, and, on the morning of the day 
he commenced, and before commencing his school, he ap- 
plied to the superintendent for examination and a certifi- 
cate ; but the examination was, at the request of the super- 
intendent, and upon his assurance that it would be as well, 
postponed until evening ; at which time, after the commence- 
ment of his school, an examination was had and a certifi- 
cate given ; and after this the school proceeded for about 
seven weeks without objection, and without any new con- 
tract being made, the plaintiff being treated and recognized 
by the prudential committee as the teacher of the school. 
Held, that there was a substantial compliance with the stat- 
ute requiring a certificate to be obtained before the com- 
mencement of the school, and that, in any view of the case, 
the certificate would be sufficient for the school kept after, if 
not for the same day it was given. — Paul v. School District, 
28 Vt. 575. 

9. A certificate of a school teacher's qualifications 
which is made out and signed by the town superintendent at 



132 DECISIONS OF THE SUPREME COURT. 

its date, and is thereafter kept by him to be delivered when- 
ever called for, will take effect from its date, though not 
delivered until long after ; the act giving the certificate its 
effect and validity being the decision of the superintendent 
respecting the teacher's qualifications. — Blanchard v. School 
Dist. in Warren, 29 Vt. 433. 

10. Where the certificate on its face shows it was sea- 
sonably obtained, and the evidence aliunde shows that the 
teacher seasonably applied and did all she could to get a 
seasonable examination ; that she, in fact, subjected herself 
to the direction and convenience of the superintendent, both 
acting in good faith, the objection that she did not in fact 
obtain her certificate, and was not examined, till some time 
after she began to teach the school, cannot avail to defeat 
her claim for wages. — Wells v. School District in Granhy, 
41 Vt. 353. 

11. A teacher having taught school one week without 
a certificate, then went with the prudential committee and 
obtained a certificate, and taught another week with the 
consent and approbation of the committee, at the expiration 
of which time she left the school in consequence of the un- 
justifiable conduct of the committee. Held, that the con- 
tinuing of the school as aforesaid, after she had obtained 
her certificate, was equivalent to making a new contract to 
commence at that time, upon the same terms as the original 
contract. — Scott v. School District in Fairfax, 46 Vt. 452. 

12. How long in force under Compiled Statutes. The 
eighth section of chapter twenty of the Compiled Statutes 
provided that the certificate of the town superintendent of 
schools to the teacher should " be available for one year 
only " : held, that a superintendent appointed by the select- 



DECISIONS OP THE SUPREME COURT. 133 

men to fill a vacancy in the office, could, while in office, 
grant a certificate which would be good for one year from 
its date, although the term of office of such superintendent 
might have expired before the termination of such year. — 
Ilohnan v. jSchool District M. 4 in Halifax, 34 Vt. 270. 

[See No. 12 of 1870, Sec. 2. Page 17, § 15 of this compilation.] 

13. Under Compiled Statutes, if teacher had certificate at 
time she commenced a term of school, she can recover for 
her services during that term, although certificate expired 
prior to expiration of that term. When a teacher obtained 
a certificate from the town superintendent to teach for one 
year from the 17th day of December, 1857, and in the sum- 
mer of 1858 was employed by the defendant to teach school 
for the winter next ensuing, and pursuant thereto taught 
such school for' five weeks before her certificate expired, 
and six weeks afterwards, without obtaining a new certifi- 
cate. Held, that inasmuch as she had the certificate at the 
time she was employed and actually commenced the school, 
she might recover for the services performed both before 
and after the expiration of the certificate. — Holman v. 
School Dist. No. 4 in Halifax, 34 Vt. 207. 
III. Collector. 

1. Term of office; duties cannot be assigned to another. 

2. Warrant to collector. 

3. Certificate on rate-bill. 

4. Erroneous date of certificate. 

5. Effect of omission to enter day and year of receiving war- 

rant. 

6. Alteration of warrant by magistrate. 

7 8. Eights on absolute refusal to pay tax. 
9' 10. Proceedings subsequent to levy. 

11. Time of posting property for sale. 

12. Place of sale of property distrained. 
13, 14. Kecessary proof under justification. 

15. Indemnifying collector. 

16. Ko authority to arrest for non-payment of interest on 

taxes. 

17. Proceedings at sale. 

[See Grand List, Taxation.] 



134 DECISIONS OF THE SUPREME COURT. 

1. Term of office, duties cannot be asaigned to another. 
A district collector holds his office for one year, and until 
another is chosen in his stead. If the office is vacant, the 
district may appoint a new collector ; hut while he is col- 
lector, his duties cannot be assigned to another, nor any part 
of them ; and, of course, the district can make no tempo- 
rary apjiointmcnt, or choose a collector to collect one tax, 
or the arrearages. — Hadley v. Chamberlin cf Cloud.. 11 
Vt. 618. 

2. Warrant to collector. A collector's warrant is legal 
that is issued February 10, received by him on the, 13th, 
and by the certificate annexed to the rate-l)ill he is ordered 
to collect nnd pay over the tax on or before the first day of 
March. — Weeks v. Batchelder, 41 Vt. 317. 

3. Certificate on rate-hill. A certificate annexed to a 
rate-bill signed by the prudential committee is not indispen- 
sable to its validity. — Ih. ; Reed v. Jamaica, 40 Vt. 629. 

4. Erroneous date of certificate. And if such certificate 
be annexed, an erroneous date will not invalidate it. — 
Goodwin V. Perkins., 39 Vt. 598. 

5. Effect of omission to enter day and year of recriviny 
warrant. The omission of the collector to enter upon the 
warrant the true day and year when he received the same 
will not invalidate his proceedings. — Ih. 

6. Alteration of warrant by magistrate. Neither will 
the lact that the warrant was, subsequent to the taking of 
the property in question, altered by the magistrate who 
signed it, with a view of making it a warrant for another 
tax-bill. — Ih. 

7. Rights on absolute refusal to pay tax. If the collec- 
tor of a school district call upon A, legally assessed in the 



DECISIONS OF THE SUPREME COUKT. 135 

district, for the payment of a tnx which he holds against 
him, for collection, and A absolutely refuses to pay the tax, 
the collector is not required to give further time and specify 
the time and place when and where he will receive the tax, 
but may at once levy on the property of A. — Doivner v. 
Woodbury, 19 Vt. 329 ; Wheelnck v. Archer et al., 20 Vt. 380. 

8. And where the collector justified uuder his tax-bill 
and warrant the fact that A promised to pay the tax within 
one week if the collector would leave the property upon 
which he had levied, can have no eftect upon the collector's 
liability in an action of trespass ; A's former refusal justi- 
fying the levy ; and the collector had a right to proceed 
with the levy until the tax was paid. — Wheelock v. Archer 
jf Wilder, 26 Vt. 380. 

9. Proceedings suhsequeyit to levy. The proceedings of 
the collector subsequent to the levy will be presumed to be 
correct, unless from some fact existing in the case they ap- 
pear to be otherwise ; and the fact that in making an ad- 
journment of the sale he inserted " 4 o'clock a. m." instead 
of "• -1 o'clock p. M." will not render him a trespasser in 
making the sale. — Ih. 

10. And a person assisting the collector in making a le- 
gal levy will not become a trespasser by a subsequent abuse 
by the collector of his authority. — lb. 

11. Time of pouting 'property for sale. The collector 
may post property for sale before the expiration of four 
days from the time of its distraint for non-payment of school 
district taxes, provided the day fixed for the sale is at least 
six days after the expiration of the four, and a sale under 
such a notice would be legal —^arrmaw v. School District 
in Orange, 35 Vt. 311, 



136 DECISIONS OP THE SUPREME COURT. 

12. Place of sale of property distrained. A collector of 
a school district, distraining property to satisfy a tax, need 
not sell the property in his district ; if sold in the town it 
is sufficient. — Sherwin v. Bughee^ 16 Vt, 439. 

13. Necessary proof under justification. It is not suffi- 
cient for him who justifies a taking of property by virtue of 
a warrant directed to him as collector of a school district, 
to show the warrant and rate-bill, but he must show the or- 
ganization of the district, the appointment of the commit- 
tee, the legal imposition of the tax and his own appoint- 
ment as collector. Unless the authority of the collector is 
shown, an assistant cannot justify in acting by his command. 
— Bates V. Hazeltine ^ Chiprnan, 1 Vt. 81. 

14. A collector of a school district tax is liable in tres- 
pass for seizing property by virtue of his warrant and rate- 
bill, if the district have no power to grant the tax ; or if 
there be any illegality in voting it ; although such warrant 
and rate-bill are regular on their face. — Waters v. Baines, 
4 Vt. 601. 

16. Indemnifying collector. A school district is only 
bound to indemnify the collector when he is made liable by 
reason of some irregularity in their proceedings. Per 
Poland, J. — Harrington v. School Bistrict in Alburgh, 30 
Vt. 155. 

16. JVo authority to arrest for non-payment of interest 
on taxes. The collector has no authority to arrest a tax- 
payer for the purpose of enforcing the payment of interest 
on taxes. Shaw v. Beckett ^ Gerry., 26 Vt. 482. 

17. Proceedings at sale. The erroneous declaration of 
a tax collector at the sale of property distrained for non- 
payment of a tax, that he had sold sufficient to pay the tax 



DECISIONS OF THE SUPREME COURT. 137 

and should sell no more, does not render illegal his subse- 
quent proceedings, on the same occasion without adjourn- 
ment or great delay, to sell sufficient property to amount to 
the tax and costs. — Woodcock v. Bolster^ 35 Vt. 632. 

Collegiate Education. See Education. 

Common School Education. See Education. 

IV. Constitutional Law. 
1. Taking land hy proceedings in invitum. The taking 
of land for the location of a district school house is for a 
public use, and therefore the act of 1857 [No. 58, p. 71], 
providing for taking land in invitum for that purpose and 
having the damages appraised and paid, is not repugnant to 
the constitution. — Williams v. School District No. 6 in New- 
fane, 33 Vt. 271. 

V. Education. 

A good common school education, at least, is now recog- 
nized as one of the necessaries for an infant. Without it he 
would lack an acquisition which would be common among 
his associates, and would ever be liable to suffer in his trans- 
actions of business. Such an education is morever essen- 
tial to the intelligent discharge of civil, political, and relig- 
ious duties. 

But it is obvious that the more extensive attainments in 

literature and science must be viewed in a light somewhat 

different. A collegiate education should not be ranked 

among those necessaries for which an infant could render 

himself liable by contract. — Middlehury College v. Chandr 

ler, 20 Vt. 683. 

English Composition. See Teacher, 5; Prudential Com- 
mittee, 8. 

VI. Evidence. 

1. Admissions by pleadings. 

2. Proof by reputation. 



138 DECISIONS OF THE SUPREME COURT. 



a. Of the existence and organization of school districts. 

b. And that such person was its prudential committee. 

3. Presumptions. 

a. As to application for warning for school meeting. 

b. As to contents of collector's notice of sale. 

c. As to regular organization of school district. 

4. Parol evidence admissible. 

a. To show the true time of execution of certificate. 

b. To show true time when rate-bill and certificate were 

made. 

c. To prove contents of notice of sale. 

5. Parol evidence not admissible. 

a, b, c, d. To vary or contradict the records of a school 
district in a suit at law, nor to supply defects in such 
records. 

6. Evidence in particular actions. 

1. In assumpsit. 

a. To recover damages for dismissing a teacher. 

b, c. d. To recover pay for having taught a district 

school. 

2. In trespass for alleged excessive punishment of a pu- 
pil by his teacher. 

1. Admissions hy pleading. Where by the pleadings it 
is admitted that certain persons were, at a particular time, 
the prudential committee of a school district, testimony to 
show they were not is inadmissible ; but testimony showing 
the identity of particular persons with those named in the 
pleadings is proper. — Moss v. Hinds., 29 Vt. 188. 

2. Proof by reputation. 

a. Of the existence arid organization of ^school district. 
The existence and organization of a school district may be 
proved by reputation (by witnesses on the stand) where its 
organization does not appear of record. Ail that is neces- 
sary in such cases is to show that there is a district, long 
known and recognized as such. — Barnes v. Barnes, 6 Vt. 
389 ; Sherwin v. Bugbee, 16 Vt. 439 ; Sawyer v. Williams, 
25 Vt. 311 ; Bull v. Griffith, 30 Vt. 273 ; Boiven v. King, 
34 Vt. 157. 

b. And that a certain person was prudential committee. 
The organization and existence of a school district, and that 



DECISIONS OF THE SUPREME COURT. 139 

a certain person was its prudential committee, may be proved 
by reputation, by the fact that such district has exercised 
corporate power as a district, and that such person acted as 
a prudential committee, without the production of the rec- 
ords, where the questions arise collaterally, and in proceed- 
ings to which the district is, in no way, a party. — State v. 
Williams, 27 Vt. 755. 

3. Presumptions. 

a. As to application for warning of school meeting. If 
it was essential that an application in writing was made to 
the district clerk to warn a school meeting, the court would 
presume that such application was made. — Mason v. School 
District in Brookfield, 20 Vt. 487. 

b. As to loss of collector s notice of sale. The loss of no- 
tices of sale posted by a collector on sale of property for 
non-payment of taxes would be presumed after the lapse of 
one year, so as to admit parol evidence of their contents. — 
Eddy V. Wilson, 43 Vt. 362. 

c. As to regular organization of school district. After 
an acquiescence of all concerned for more than fifteen years 
in the proceedings of school districts in a town, the regular 
division of the town into such districts, and the regular or- 
ganization of such districts, will be presumed. — Sherwin v. 
Bughee, 16 Vt. 439. 

4. Parol evide7iee is admissible. 
a. To show the true time of the execution of an instru- 
ment having a false date, purporting to be a certificate of 
qualifications issued to a teacher, and that it was given when 
the teacher was not entitled to it, under an assurance that 
no legal use should be made of it. — Hopkins v. School Dis- 
trict in Danbg, 27 Vt. 281. 



140 DECISIONS OF THE SUPREME COURT. 

b. To show the true time when a rate-bill and certificate 
were made, differing from the date expressed. — Goodwin v. 
Perkins, 39 Vt. 598. 

c. To prove the contents of the notices of sale posted up 
by the defendant, a collector of taxes, on sale of property 
distrained for non-payment of taxes, without proving the 
loss of the notices. — Eddy v. Wilson, 43 Vt. 362. 

5. Parol evidence is not admissible to vary or contradict 
the records of a school district clerk in a suit at laiv, nor to 
supply defects in such records. 

a. And where the record of a vote at a school district 
meeting was " That the district build a new school house ; 
16 for and 11 against it ; " and in a tax case arising under 
said vote, evidence that seven of the sixteen who voted in 
the affirmative were not legal voters in that meeting was of- 
fered and rejected, it was held that the evidence was prop- 
erly rejected.— i/c?% v. Wilson, 43 Vt. 362. 

b. The legal effect of the record must be determined by 
the record, and cannot be explained away by parol, by 
showing that by a particular vote it was not intended to rat- 
ify a certain act of the prudential committee. — Cameron v. 
School District in North Hero, 42 Vt. 507. 

c. Nor by showing what the voters present at the meeting 
supposed that they had accomplished. — Adams v. Orowell 
et al., 40 Vt. 31. 

d. Nor by showing that all the legal voters in the district 
were present at the meeting, and voted upon the question 
of raising the tax. — Sherwin v. Bughee, 17 Vt. 337. 

e. If it do not appear from the record of the warning of 
a school district meeting that the hour of the day for the 



'decisions of the supreme court. 141 

meeting was specified in the warning, the defect cannot be 
supplied by parol evidence that in the original warning the 
hour was stated. — lb. 

6. In particular actions. 
1. hi assumpsit to recover damages for dismissing a 
teacher from his employment. 

a. Evidence to show that parents and scholars were dis- 
satisfied with the teacher is inadmissible in such action. — 
Paid V. /School District in Kartland, 28 Vt. 575. 

b. And such evidence would be inadmissible in an action 
to recover pay for having taught a district school. 

c. Where the defendant district gave notice that they 
would give in evidence that the plaintiff" was incompetent to 
govern the school, it was held competent for the district to 
prove certain particular instances of mismanagement in the 
government of the school ; that the evidence need not be 
confined to the general management and government, and 
its effect upon the school, even though the notice was gen- 
eral. — So/den V. School District No. 10 in Shrewsbury, 38 
Yt. 529. 

d. In an action to recover wages for teaching school, it 
having appeared in evidence on the trial that the plaintiff 
once taught a school in B, and had had some trouble in her 
school there, the defendant offered to show that the plaintiff' 
was questioned by her scholars as to this difficulty and what 
account she gave of the matter, and to prove by other wit- 
nesses that her history of the trouble in her school at B 
was not correct, in order to show that the plaintiff' was not 
truthful : Held, that the exclusion of such evidence was 
proper. — Wells v. School District No. 2 m G-ranby, 41 Vt. 
353. 



142 COMPILATION OF THE SCHOOL LAWS. 

2. In trespass for alleged excessive punishment of a 
pupil hy his teacher. 

a. Evidence that the general character of the latter as 
a master in governing his school, was mild and moderate, 
is not admissible. — Lander v. Seaver, 32 Vt. 114. 

b. It seems such evidence would be admissible upon the 
question of the teacher's malice in inflicting the punish- 
ment — lb. 

c. Whether a rawhide is a proper instrument of punish- 
ment is for the jury to decide under the circumstances of the 
case. — Ih. 

d. Evidence to show that the rawhide is used in other 
schools in the vicinity is properly admitted to rebut the 
charge of malice, by showing that the teacher did not re- 
sort to an unusual instrument of punishment. — lb. 

e. And testimony to show that the plaintiff did not claim 
an excess of punishment on the former trial of the same 
cause is proper, as tending to prove that that claim on this 
trial is not well founded. — lb. 

VII. Grand List. 

Not a legal basis for taxation until signed and sworn to by 
listers. The grand list of a town does not become the le- 
gal basis of taxation, either in the town or school districts, 
until a majority of the listers have signed and sworn to a 
certificate thereon as required by law. — Reed v. Chandler, 
32 Vt. 285. 

Where a school district in October voted to raise money 
to defray the expenses of a school house, and without hav- 
ing J rtceeded to raise the money, subsequently, on the 29th 
day ( March, voted to raise three hundred cents on the dol- 
lar fo the same purpose, held that the latter vote super- 



COMPILATION OF THE SCHOOL LAWS. 143 

seded the former, and thereby became the only vote upon 
which a tax could be made out, and having been passed af- 
ter the first day of March, 1870, a tax assessed under the 
last named vote on the grand list of 1869 was illegal. 

Such tax would have been illegal even if it had been ex- 
pressly made by vote upon the grand list of 1869, and such 
fact ap})eared from the records of the district ; but the rec- 
ords failing to show such fact it cannot be shown l)y parol. 
— Capron v. Maistrick, 44 Vt. 513. 

VIII. Grant. 

Grant of lands by legislature for use of schools irrevo- 
cable. A grant of lands by a state legislature to a corpora- 
tion aggregate for the purpose of public instruction, reli- 
gious or literary, is a contract which the state has no power 
to impair, vacate or control by subsequent legislation. — 
Grammar School v. Bm-t, 11 Vt. 632. 

IX. Listi:rs. 

a. Ministerial duty of listers. 

b. Duty as to designating school-district list in which partner- 

ship property is to be set. 

c. Action against. 

LISTERS. 

a. Ministerial duty of listers. The duty of the listers 
under the act of 1847, " to set in the list the appraised value 
of ail real and personal estate in each school district sever- 
ally," was, in its character, wholly ministerial. — Fairbanks 
^ Co. V. Kittridge et al, 24 Vt. 9. 

b. Duty as to designating school district list in ivhich part- 
nership property is to be set. And when the members of a 
firm carried on business in school district No. 1, and their 
personal property, on the first day of April, 1848, was in 
said district, except what they had sent abroad for sale, it 



144 DECISIONS OF THE SUPREME COURT. 

was held that the statute does not authorize an ideal sepa- 
ration of their joint property, so as to set a portion of the 
property in school district No. 2, where one of the part- 
ners resided ; but the property should be designated as be- 
ing in school district No. 1, where a portion was actually 
situated —where the partnership business was carried on, 
and where a majority of the partners actually resided. — Ih. 
c. Action against. And if the firm sufler any injury or 
damage from the listers setting their property, or a part 
thereof, in some other school district, they will be liable, 
and the firm can sustain an action against them ; but if the 
firm have not lost by such transfer, the aggregate amount 
of the lists being the same, and the rate of taxation having 
been less in No. 2 than in No. 1, they cannot recover dam- 
ages in a suit against the listers. — lb. 

X. Mandamus. 
The court will not grant a writ of mandamus, requiring 
the clerk of a school district to amend his records, when it 
appears that he has ceased to be clerk, and has removed 
without the jurisdiction of the court, and it further appear- 
ing that the amendment, if made, would be entirely imma- 
terial and would not affect the legality of the district meet- 
ing in question. — Mason v. School District No. 14 in Brooh- 
field, 20 Vt. 487. 

Moderator. See School District Meetings, 8. 

XI. Officers of School District. 

a. Term of office. 

b. Eligibility to office. 

c. d, e, f, g, h. Vacancies in district offices. 

OFFICERS OF SCHOOL DISTRICT. 

a. Term of office. School-district officers, elected at an 
annual meeting of the district, will hold their offices until 



DECISIONS OF THE SUPREME COURT. 145 

others are elected at another annual meeting to supersede 
them ; and it makes no difference whether the second is 
a few more or a few days less than one year from the 
time the first meeting was held. — Chandler v. Bradish, 
28 Vt. 416 ; Walker v. 3Iiner, 32 Vt. 769 ; Woodcock v. 
Bolster, 35 Vt. 632. 

b. Eligibility to office. Prior to the enactment of No. 
12, Acts of 1864, it was not a requisite qualification of a 
voter or office-holder in a town or school-district meeting, 
that he be a freeman. — Woodcock v. Bohfei', 35 Vt. 632. 

c. . Vacancies in district offices. The refusal of the pru- 
dential committee to assess a tax voted by a district, does 
not create a vacancy in the ouice. — Stevens v. Kent, 26 Vt. 
503. 

d. But when the town created a new district and the 
prudential committee of one of the old districts was in- 
cluded within the new district, that was held sufficient to 
vacate the office. — lb. 

e. Under Gen. Slat. ch. 22, § 40, the failure of a dis- 
trict to cause a school to be kept as provided, is to be treated 
as a cause or reason for vacating the offices, but that the 
officers are not absolutely displaced and ejected from office, 
until the selectmen have taken action and appointed others. 
— Woodcock V. Bolster, 35 Vt. 632. 

f. When a school district, at an annual meeting, have ap- 
pointed one person as prudential committee, it is not com- 
petent for the district, during the year, to supersede him by 
appointing another person in his place, or by adding more 
to the number of the committee. — Mason v. School District 
in Brookfield, 20 Vt. 487 ; Chandler v. Bradish, 23 Vt. 416. 

10 



146 DECISIONS OP THE SUPREME COURT. 

g. J, a prudential committee and clerk of a school dis- 
trict, enlisted into the army. He informed the inhabitants 
that he was about to leave the district and could no longer 
serve as clerk and committee, and, as clerk, duly warned a 
meeting of the voters of the district to elect a clerk and 
committee to fill the vacancies thus occasioned, and at such 
meeting a clerk and A as committee were duly elected, and 
J thereupon delivered up the records and papers pertaining 
to said offices to such newly elected officers. A, from the 
time of such election, acted as and discharged the duties of 
prudential committee, and made out and certified the rate- 
bill in question. Held^ that A was prudential committee 
in fact if not of right, and this is all that was necessary 
to enable the defendant, as collector, to justify under his 
acts. — Groodwin v. Perkins, 39 Vt. 598. 

h. The same principles applied to the offices of clerk and 
collector. — Woodcock v. Bolster, oo Yt. 632. 

XII. Pleading. 

1. Indictment against town. 

2. Declaration. 

a, b. In assumpsit, 
c. In case. 

3. Pleas. 

a, b. In trespass, 

PLEADING. 
1. Indictment. 
Against town. In an indictment against a town for the 
neglect of the selectmen to assess the three cent school tax, 
under the act of 1827, tlie duty of the selectmen, and their 
neglect, should be stated, and also that there was no legal 
excuse for such neglect, and that the town had no funds 
equal to any part of the sum to be raised, if the neglect re- 
lied on is that the selectmen neglected to raise the whole tax. 
—State V. Northfield, 13 Vt. 565. 



DECISIONS'TOF THE SUPREME COURT. 147 



IN CIVIL ACTIONS. 

2. Declaration. 

a. In assumpsit. The declaration in an action of as- 
sumpsit against a school district for breach of their contract 
to employ plaintiff to teach their school, need not contain 
an averment that plaintiff had procured from the town su- 
perintendent a certificate of qualifications. — Dot/an v. Sch. 
Dist. in Montgomery., 35 Vt. 520. 

b. In assumpnf. The plaintiffs proposed to sell to de- 
fendants, who were a school district, certain land, upon 
which a school house was to be erected, with the restriction, 
that the front of the school house, when erected, should be 
upon a line with tlie front of a certain meeting-house, and 
that no building should be erected upon the land in front 
of the school house and meeting-house. 

This proposition was made in school meeting, and the dis- 
trict thereupon voted to instruct their prudential committee 
to purchase the land. The purchase was made accordingly ; 
and in the deed, executed by the plaintiffs to the defend- 
ants, the restriction was expressed to be that no erections 
should be made upon said land between the school house 
and the highway. In the declaration in an action of as- 
sumpsit brought by the plaintiffs to recover the price, which 
the defendants agreed to pay for the land, this restriction was 
expressed in the words used in the deed. Held., that there 
was no variance between the contract declared upon and 
that proved. 

At the time the proposal was made for the sale to the dis- 
trict, the land had been unenclosed for some years, and open 
to the public, and one restriction imposed by the plaintiffs 
in their proposal, was that the land should be kept open. 



148 DECISIONS OF THE SUPHEME COURT. 



In the deed it was expressed that the land should remain 
as a public common. And in the declaration, the restric- 
tion was expressed as in the deed. Held, that this differ- 
ence constituted no objection to the plaintiff's recovery, that 
the deed, only imposed upon the district the obligation to 
iieep the laud free as it then was. 

Held, also, that the plaintiffs in such suit were properly 
allowed by the county court to prove the terms upon which 
they so offered to sell the land to the district. 

And, where it appeared, in such case, that the selectmen 
of the town, in pursuance of a vote of the district, had located 
the school house upon the land in question, and that the 
district voted " to instruct the prudential committee to pur- 
chase the land designated by the selectmen for the location 
of a school house, at the price of -f 100," and that the pru- 
dential committee had purchased the land at the special 
price, but the district should hold the land for the purpose 
of erecting a school house thereon, and that the school 
house should be so located that the front should be upon a 
line with the front of a meeting house standing near, and 
that no erection should be placed upon the land between the 
school house and the highway, but the land should remain 
as a public common, it was held, that these restrictions did 
not defeat or impair the object of the purchase, and that the 
prudential committee had power to accept a deed containing 
such restrictions, and that the plaintiiis might recover from 
the district the price of the land under a general count for 
land sold. 

And such deed being executed with covenants of war- 
ranty, it was held no defence to such action that there was 
a defect in the plaintiff's title to the land. — Dix et al. v. 
School District in Wilmington, 22 Yt. 309. 



DECISIONS OP THE SUPKEME COURT. 149 



c. In case. Case is the proper form of action for cause- 
lessly and vv^antonly disturbing plaintiffs in the enjoyment 
of the right to occupy the school house for a private school 
under a vote of tiie district conferring upon plaintift's such 
right of occupancy. — Ckaplm et al. v. Hill et al., 24 Vt. 
528. 

3. Pleas. 

a. In trespass. An averment that the listers put the 
plaintiff's real estate in the grand list, at a certain sum, is 
a sufficiently direct and positive averment that he had a 
grand list to that amount, for his real estate. — Adams v. 
Hi/de, 27 Vt. 221. 

b. 1)1 trespass. In an action of trespass, where the dec- 
laration contains several counts, a plea which commences 
and concludes in bar of the action generally, and the obvi- 
ous and natural import of the language of which should be 
understood in a plural and distributive sense, as applying 
to the different occasions on which the trespasses are charged, 
must be taken as a plea to the whole declaration. 

A plea to the whole declaration, to be sufficient, must ap- 
pear to contain an answer to all that is alleged as the direct 
ground and gist of the action, and such answer must be 
valid and sufficient in law. 

Matter of aggravation, correctly understood, does not 
consist in acts of the same kind and description as those 
constituting the gist of the action, but is something done by 
the defendant, on the occasion of committing the trespass, 
which is, to some extent, of a different legal character from 
the principal act complained of. 

But a declaration, which charges the defendant with hav- 
ing struck the plaintiff a great many violent blows with a 
club, and with a rawhide, and with his fist, and with hav- 



150 DECISIONS OF THE SUPREME COURT. 

ing, with great violence, shaken the plaintiff, and pulled 
him about, and with having thrown d )Wn the plaintiff and 
there harshly and brutally kicked him and struck him 
other violent blows, and with hnving wounded him, and 
torn his clothes, exhibits a mere succession of acts of direct 
trespass, all remedial)le by an action of the same class, and 
each requiring some complete justification, or excuse, in 
the plea. 

But a plea to such declaration, whicii professes to answer 
the " assaulting, beating, and ill-treating,'' using the ex- 
planatory words, " as in the declaration mentioned," will 
be considered as co extensive with the alleged cause of 
action'. 

But it was held, that a })lea to a declaration alleging 
sucli acts of trespass, which avers mci'ely that the defendant 
was a schoolmaster and the plaintifiF was his scholar, and 
that the plaintiff was insolent and refused to obey the rea- 
sonable commands of the defendant, and thereupon the de- 
fendant moderately chastised him, and which set forth no 
acts on the part of the plaintiff requiring excessive severity 
on the part of the defendant, such as resistance by the plain- 
tiff, did not disclose a sulficieut justification in law, for the 
acts alleged in the declaration. — Hathaway v. Rice, 19 Vt. 
112. 

XIII. Prudential Committee. 

1. Exclusive uutliority to hire teachers. 

2. Authority to dismiss teachers. 

3. 4. Sufficient cause for ilismissal of teacher. 
.5. To malve out rate-bill. 

6. To see that menus are provided to pay teacher. 

7. Xo power to waive obtaining certiticate. 

8. May expel scholar for refusing to write English Composi- 

tions. 

9. May allow school house to be used for a private school. 

10. Has exclusive control over occupancy of school house, when, 
public school is in operation. 



DECISIONS OF THE SUPREME COURT. 151 

11. Has no authority to employ counsel to defend collector. 

12. Has power to compromise and pay claims against district 

growing out of his legal action as committee. 

13. May recover value of necessary fuel furnished. 

14. No authority to assess tax for hu;! without a vote of district. 

15. How far controlled hy custom of district. 

PRUDENTIAL COMMITTEE. 

1 Exclusive authority to hire teachers. The prudential 
committee has the exclusive power of employing teachers in 
school districts, and the district has no power over the sub- 
ject.— ifa.S'ow V. Sehool District in Brookfield, 20 Yt. 487. 

2. Authority to dismiss teacher. The prudential com- 
mittee has full authority and power, as matter of law, to re- 
move and dismiss a teacher whenever he chooses to exercise 
that authority and power, but if the teacher is dismissed and 
removed without any just and sufficient cause, he is thereby 
discharged from his duty to perform the contract on his 
part, and is entitled to recover of the district his damages. 
— Holden v. School District in Shrewsbury, 38 Vt. 529. 

3. Sufficient cause for dismissal of teacher. Incompe- 
tency to teach all or any of the subjects of instruction or 
learning prescribed by law to be taught in the common schools 
of the state, or to properly rule and govern the school, is 
good and sufficient cause for the teacher's dismissal. — Ih. 

4. The contract between the teacher and the school dis- 
trict contained a stipulation " that she should leave if the 
school was not satisfactory." Held, that the prudential 
committee in such case had no just cause for dismissing the 
teacher for her personal unpopularity in the district — the 
dissatisfaction must have been with her school. — Richardson 
V. School Dist. in Westminster., 38 Yt. 602. 

5. To make out rate-hill. The prudential committee of 
a school district Is alone authorized to make out and certify 



152 DECISIONS OF THE SUPREME COURT. 



the rate-bill of a tax voted by the district, and the district 
can confer that authority upon no other officer or person. 
— Johnson v. Sanderson, 3-1 Vt. 94. 

6. To see that means are provided to jjay teacher. The 
prudential committee is the proper officer to see that nitjans 
are provided- to pay the teacher for his services, and when 
he in good faith (jays the teachei- out of his own funds for 
services performed for the district, and bef)re the service of 
the trustee process on the district, the district may recog- 
nize and assent to such payment, and repay thrj money to 
the committee after the service of the trustee j)rocess, and 
such repayment will entitle the district to their discharge as 
tvxxstQQ.—Edson v. Sprout <f Tv. 33 Vt. 77. 

7. No poiver to tvaive obtaining cerfijieate. The pruden- 
tial committee has no power to waive the requirement of 
the statute that the teacher obtain a certificate of qualifica- 
tions from the town superintendent, nor can the prudential 
committee liind the district by a contract with the teacher 
that he may teach the school without such certificate and 
the district shall pay him his wages. — G-oodrieh v. School 
District in Fairfax., 26 Vt. 115 

8. Majf expel scholar for refusinc/ to ivrite English com- 
positions. A requirement by a teacher of a district school 
sanctioned l)y the prudential committee, that the scholai's in 
grammar shall write English compositions is a reasonable 
one, and if such scholar, in absence of any request from his 
parents that he may be excused from so doing, refuse to 
comply with such a requirement, the prudential committee 
may expel him from the school on that account. — G-aernsey 
V. Pitkin, 32 Vt. 224. 

9. May alloiv school house to he used for a private school. 
The prudential committee, in absence of any dissent by the 



DECISIONS OF THE SUPREMK COURT. 153 

district, may allow the school house to l)e used for a private 
school ; and after the i)laintifi", acting upon such agreement, 
had taken possession of the house, the committee cannot 
allege his own want of authority to make such agreement, 
and take possession of the house and forcibly pi-event plain- 
tiff from entering to continue his school. — Hussell v Bodds, 
37 Vt. 49T. 

10. Man exclusive control over occupancy of school house 
when public school is in operation. The prudential commit- 
tee by implication must have the exclusive right to occupy 
the school house when the public school is in operation, but 
beyond this the committee has no exclusive control of the 
school house against persons authorized to use it for a pri- 
vate school by a vote of the district. — Chaplin et als. v. 
ma ^ Stiles, 24 Vt. 62S. 

11. jVo authority to employ counsel to defend collector. 
The prudential committee, without a vote of the district, 
has no authority to employ counsel at the expense of the 
district to defend a suit against a collector. — Harrington v. 
School Dist. in Alburgh, 30 Vt. loo. 

12. Power to compromise and pay claims against dis- 
trict growing out of his legal action as committee. The pru- 
dential committee, as the general financial agent of the dis- 
trict, has power to compromise and pay a claim against the 
district for a couple of black boards furnished by him for 
use in the school house, one of which had been worn out, 
and recover the amount so paid of the district. — Norton v. 
School Dist. in Tinmouth. 37 Vt. 521. 

13. May recover value of necessary fuel. And the com- 
mittee may furnish necessary fuel, and recover the value 
thereof of the district. — lb. 



154 DECISIONS OF THE SUPREME COURT. 



14. No authority to assess tax for fuel without vote of 
district. Under Comp. Stat. ch. 20, § 44, having furnished 
the fuel himself, he had no right to assess the cost of it upon 
the scholars or the district, without a vote of the district 
authorizing him to do so. — Ih. 

15. Ho 10 far controlled by custom of district. And a 
custom of the district to apportion the wood itself to the 
scholars, and if sufficient was not procured in that way, to 
sell the right of furnishing the deficiency to the lowest bid- 
der, held not to preclude the prudential committee from 
adopting a different course. — Ih. 

Register, Entries in. See Teacher. 

Sale of Property Distrained for Non-Payment of 
Taxes. See Collector, 12. 

Xiy. School District. 

1. Proof of existence and organizution. 

a. By reputation. 

b, c, d. By other evidence. 

2. Boundaries. 

a. Must be by territorial limits. 

b. But not uecessaiilj' connected territory. 

c. Limits must be defined by vote of town. 

3. Proceedings of towns in formation and alteration of school 

districts, 
a, b, c, d. Sufficient description of territory, 
e, f, g, h, i. Sufficiency of vote, 
j, k, 1. Article in warning. 

m. Annexing inhabitant to district in adjoining town. 
n,o. When vote of annexation takes effect. 

4. Powers of school districts in locating, purchasing land, 

and building school house. 

a. Location. 

b. Purchasing land. 

c. Taking land by proceedings in invitum. 

d. Quantity of land that may be taken. 

e. f, g, h, i, j, k. In building school house. 

1. Acceptance of house by building committee. 

5. Assuming defence of collector. 

a. May by vote, and may raise tax to defray the expense. 
G. Ratification of unauthorized act of committee. 

a, b. By vote. 

c. By acquiescence. 
7, 8. Control of district over school house. 



DECISIONS OF THE SUPREME COURT. 155 

9. The inhabitants have no estate in district property. 
10. Agent of, entitled to recover what it was worth to him to 
do the work. 

SCHOOL DISTRICT. 

1. Proof of Existence and Organization. 

a. By reputation. The existence and organization of a 
school district may be proved by witnesses on the stand — 
by reputation — where its organization does not appear of 
record. All that is necessary in such cases is to show that 
there is a district, long known and recognized as such. — 
Barnes v. Barnes, 6 Vt. 389; Sherwin v. Bughee, 16 Vt. 
439 ; Saw7/er v. Williams, 25 Vt. 311 ; Bull v. GriffifJi, 30 
Vt. 273 ; Bowen v. King, 24 Vt. 157. 

b. After an acquiescence of all concerned, for more than 
fifteen years, in the proceedings of school districts in a town, 
as such, the regular division of the town into such districts, 
and the regular organization of such districts will be pre- 
sumed. 

A school district, after the suspension of all its functions 
for ten years, may properly organize anew, when required 
so to do by the town ; and that without being, by a vote of 
the town, set off anew and constituted a school district. — 
Sherwin v. Bugbee, 16 Vt. 439. 

c. When a school district has been organized, in fact, for 
a number of years, and has chosen its officers from time to 
time, the selectmen cannot organize it again, as an unorgan- 
ized district, because doubts are entertained of the regular- 
ity of the former organization ; and a tax voted- under such 
new organization is illegal. — Thomas v. Gibson, 11 Vt. 607. 

d. The division of a town does not thereby constitute two 
distinct districts of one school district, which is intersected 
by the division line. — Tiletson v. Newman ^ Gates, 23 
Vt. 421. 



156 DECISIONS OF THE SUPREME COURT. 

2. Boundaries. 

a. Must he by territorial limits. Districts are required 
by statute to be defiued by geographical limits, and should 
be described by territorial boundaries, and not by the names 
of inhabitants ; a vote of a town " to set A B to district No. 
8" is therefore null and void. — Gray v. Sheldon, 8 Vt. 402. 

b. But not necessarily connected territory. It is not nec- 
essary that a school district be formed of connected, contig- 
uous territory — Weeks v. Batchelder, 41 Vt. 317. 

c. Limits must be defined by vote of toivn. The limits of 
districts must be defined by the vote of the town, or the 
vole must contain such directions as will render its limits 
capable of being definitely ascertained. — Fierce v. Carpen- 
ter, 10 Vt. 480. 

3. Proceedings of Towns in Formation and Alteration 

of Districts. 

a. Su:ffl,cient description of territory. Under an article in 
the warning for an annual town meeting, •' 3d, To see if 
the voters present will vote to set off'^^ the plaintiff and six 
other persons named " and their real estate * * * from 
school district No. 5," and two other persons named "■ and 
the farms on which ihey reside from district No. 4, the same 
to constitute a new school district,''' the town voted '• to con- 
stitute a new school district, agreeably to the third article in 
tTie warning, to be called district No. 10. Held as being 
suflficiently definite in describing the territory to be com- 
prised within the new district. — Moore v. Beattie, 33 Vt. 219. 

b. And a vote to transfer certain persons " loith their 
property " from one district to another held sufficient. — 
Hall V. School District in Calais, 46 Vt. 19. 



DECISIONS OF THE SUPREME COURT. 157 

c. A vote " that A P" and others named *' he set into a 
dutrict hy themselves ^^^ held insnfiBcient to establish a new 
district. — Pierce v. Ca7'pe7iter, 10 Yt. 480. 

d. And when a town simply authorized a division of a 
school district, without defining the boundaries of the new 
district, it was held insufficient to show a legal division and 
organization of the new district, though the district voted to 
divide. 

But where a division was in fact made and recorded, and 
the town afterwards recognized or ratified the same, it was 
held that this was sufficient to render the division legal and 
binding upon the inhabitants of the town and district. — 
Sawyer v. WHliains, 25 Vt. 311. 

e. /Sufficiency of vote. A vote of a town, April 14, 1863, 
" to unite school district No. 5 to JVo. 4, and constitute them- 
one district^'' had the effect to abolish No. 5 and enlarge 
No. 4 by the addition to it of what had been No. 5, and the 
existence of No. 4 was continued as fully to all intents and 
pur[)0ses as before tliat transaction, and required no act or 
ceremony on the part of either of the districts. And the 
warning for a school meeting posted by the clerk of No. 4 
on the first day of April for a meeting on the 8th, and by 
adjournment on the 15th, had as full efficacy after No. 5 had 
l)een united on the 14th as it would iiave had if no such an- 
nexation had been made, and meetings held under that warn- 
ing by adjournment from time to time were of the same 
validity after the 14th as before, and binding upon the in- 
habitants of No. 5 thiis annexed. — Greenhanks v. Boutwell, 
43 Vt. 207. 

f. Under an article in the warning for a town meeting 
" ^0 see if said toum ivill accejyt and adopt the report of 
the committee to alter school districts,''^ the town is confined 



158 



DECISIONS OF THE SUPREME COURT. 



in the alteration of such school districts as the committee 
should recommend in their report. — Wyley v. WiUon, 44 
Vt. 404. 

g. Under the foregoing article the town voted to set 
plaintiff, with others, from No. 7 to No. 2, the same not 
having been recommended by the committee, and such action 
of the town was wholly unauthorized and void, and did not 
render the plaintiff taxable in No. 2. — lb. 

h. The plaintiff having paid taxes in No. 7 for some years 
" when required to do so by the collectors of the district," 
held not to have so acquiesced in this unauthorized vote of 
the town as to have made him a resident of No. 7. — lb. 

i. And the town by voting at a subsequent meeting to set 
the plaintiff to district No. 8 in an adjoining town, describ- 
ing him as of No 2, does not bring the case within the prin- 
ciple of Sawyer v. Williams, 25 Vt. 311, and effect the 
transfer of plaintiff from No. 7 to No. 2. — lb. 

j. Form of article in tvarning. Under an article in the 
warning for a town meeting " To see if the town will make 
alterations in school districts when met," the town have au- 
thority to make any changes in the limits of existing school 
districts. — Ovitt v. Chase., 87 Vt. 19o ; Hall v. School iJlst. 
in Calais., 4H Vt. 19. 

k. And the particularizing certain individuals in the ar- 
ticle as wishing to be set from one district to another does 
not operate to limit the action of the town to the individu- 
als thus named. — lb. 

1. Under an article in a warning for a town meeting, 
" 2d. To see if the town will vote to divide school district 
No. 9 in said town ; 3d. To make such other alterations in 



DECISIONS OF THE SUPREME COURT. 159 



school districts as may be found necebsary," 'the town has 
authority to form a new school dis^trict out of a part of the 
territory of No. 9.— Weeks v. Batchelder, 41 Vt. 317. 

m. Annexiny inhabitant to district in adjoining town. 
A town may, by vote, annex a portion of its inhabitants to a 
district in an adjoining town, which shall consent to receive 
them, but although the effect of this is to extend the corpo- 
rate jurisdiction of such district, so as to embrace the per- 
sons thus annexed, together with the property subject to 
taxation belonging to them in the particular territory inhab- 
ited by them, yet the territory itself is not annexed to the 
district, as it is in a case where a district is formed from 
territory belonging to the town, by a concurrent vote of both 
towns. 

And the arrangement between a town and a district in an 
adjoining town, by which the town, by vote, annexes some 
of its inhabitants to such district, and the district consents 
to receive them, is not to be regarded as a compact, abso- 
lutely and perpetually binding, but as a mei-e license and 
temporary consent on both sides, and therefore subject to be 
revoked or cancelled by either party. 

And the town, in such case, may at any time, by vote, re- 
sume its jurisdiction over its citizens, and dissolve their con- 
nection with the district, without the intervention of a board 
of three justices of the peace, as is required when a district 
has been formed from territory in two towns, by a concur- 
rent vote of both towns. — Heivitt v. Miller, 21 Vt. 402. 

n. Whe7i vole of annexation takes effect. And the vote 
setting off A from school district No. 1 to No. 2 not pre- 
scribing or specifying any particular time when the sever- 
ance and annexation should take effect, it should be consid- 



160 DECISIONS OF THE SUPREME COURT. 

ered as having an immediate effect. — Ovitt v. Chase ^ 37 
Vt. 196. 

0. And tlie property represented by A's list would be 
subject to all school-district taxes voted in No. 1 up to the 
date of such vote. — lb. 

4. Powers of School District in Locating, Purchasing 
Land, and Building School House. 

a. Location. Under section 38, chapter 20, Compiled 
Statutes, a school district had the power by a majority vote 
to locate a school house. [But see ch. 22, § 44, General 
Statutes, p. 40 of this Compilation.] — Bean et al. v. Pru- 
dential Committee, 38 Vt. 177. 

b. Purchasing land. When a district does not own land 
on which to erect a school house, and one article in the 
warning of a meeting is " To see what measures the district 
will take in relation to building a school house," it is com- 
petent for the district, at such meeting, to vote to purchase 
land for that purpose. — Sherwin v. Bughee, 20 Vt. 487 ; 
Dix V. School District in Wilmington, 22 Vt. 309. 

c. Taking land by proceedings in invitum. The taking 
of land for the location of a district school house is for a 
public use, and therefore the act of 1857, (No. 58, p. 71,) 
providing for taking land in invitum for that purpose, and 
having the damage appraised and paid, is not repugnant to 
the constitution. — Williams v. School No. 6 in Newfane, 33 
Vt. 271. 

d. Quantity of la^id that may be taken. Under that act 
the quantity of land allowed to be taken is not limited to 
just so much as would be covered by the school house, but 
the quantity taken may Ije so much as would be necessary 
for the reasonable enjoyment of the house. — lb. 



DECISIONS OP THE SUPREME COURT. 161 

e. In building school house. A district may unite with 
otlier parties in the erection of a building, one part to be 
owned by the district as a school house, and the other part 
to be owned by the other party for other purposes. — Eddy 
V. Wilson, 43 Vt. 362. 

f. When school districts keep within the limits of their 
corporate powers, their proceedings in raising and expend- 
ing money cannot be collaterally impeached and held void 
because, in the opinion of a court or jury, a less sum would 
have answered the immediate necessities of the corporation, 
or the money might have been more judiciously or econom- 
ically expended. — lb. 

g. And in the same cause, evidence was offered by plain- 
tiff and rejected by the county court, to show that the dis- 
trict had erected a large building in connection with an in- 
corporated association, the lower story to belong to the dis- 
trict and the upper story to said association, the same being 
made into a hall ; that the district did not need a new school 
house ; that the district had used only one half of the lower 
story for school purposes, and the other half had been done 
oir for a dressing and cooking room to be used in connec- 
tion witli the hall al)0ve, and was never designed for school 
purposes, and was in fact only built to enable the associa 
tion to get a large hall overhead ; that the district under- 
took the whole business of building said school house not to 
accommodate said district, but to get said hall in which the 
district had no rights or interest ; that the votes to build 
such new school house and to raise a tax therefor were not 
passed in good faith, but were a fraud on the district, and 
for the purpose of procuring said hall to be used indepen- 
dent of school purposes ; and that, in fact, and in pursuance 
of such purpose, a part of the money thus raised was appro- 

11 



162 DECISIONS OF THE SUPREME COURT. 

priatcd in building said hall, and materials for erecting said 
hall were bought on the credit of the district and still re- 
mained unpaid, and other similar facts ; and the supreme 
court affirmed the judgment of the county court. — Ih. 

h. However defective in technical requisites the proceed- 
ings of a school district may have been in pursuance of and 
'in reliance on which land has been purchased and a school 
house erected thereon, the district niny at a sul)sequent le- 
gal meeting by vote render itself legally l)Ound to pay for 
sucii property, and a legal tax be voted and assessed there- 
for under sections 43 and 44 of the General Statutes. — 
G-reenhankii v. Bouiwell^ 48 Yt 207. 

i. It is lawful for a district to pitjvide such buildings and 
rooms as in the exercise of an honest discretion it shall 
judge that the interests of the district require, and nmy pro- 
vide a hall for the purpose of school meetings, examina- 
tions, and exhibitions, and such other things as are proper 
and customary in connection with district schools. — Ih. ■ 

j. And the making of the hall would not be rendered ille 
gal if, when not wanted for school purposes, the district 
should permit the use of such a hall for other purposes, 
such as concerts, festivals, religious meetings, lectui-es, 
courts, etc. — Ih. 

k. In the building of a school house to serve present 
needs, the district may go further and make a reasonable 
provision for what the district may seem likely soon to need 
for the service and accommodation of the increasing popu- 
lation and scholars. — lb. 

1. Acceptaj^ce of school house hy Imilditig fommittee hinds 
the district. The acceptance of a school house by the 
building committee is an acceptance l»y the school district, 



DECISIONS OF THE SUPREME COURT. 163 

and binds the district unless there were defects in the ma- 
terials used, or in the construction of the house, unknown 
to the building committee, and which they could not, with 
reascxnablc diligence, discover while making the examina- 
tion of the house fur the purpose of accepting the same. — 
Dow V. School District in Walden, 46 Vt. 108. 

5. Powers of School District in assuming Defence of Col- 
lector. 
a. May hy vote, and raise tax to defray the expense. The 
school district having by vote assumed the defence of the 
collector in a suit brought against him for proceedings in 
collecting a tax made out by a special committee ; said spec- 
ial committee having in good faith acted under a vote of the 
district in making out and certifying the rate-bill, the dis- 
trict may legally vote a tax to defray the expenses of such 
defence. — Johnson v. Oolburn., 36 Vt. 693. 

And the district in such case is uot exonerated by the 
fact that the collector took a bond of indemnity from such 
special committee. — lb. 

6. Ratification of unauthorized act of Committee. 

a. By vote. One of a Imilding committee of two, told 
plaintiff to go on and build a good house, so that no fault 
could be found with it, and that the district would probably 
pay him what would be right. The plaintiff built a good 
house worth -f «00 ; the district voted to accept it, and to pay 
the plaintiff 1105 for building the same. Ifeld, that the 
acceptance of the house was absolute, and amounted to a 
ratification of the action of the conunittee-man, and bound 
the district to pay its value. — Kimball v. School District in 
Boxbiiry, 28 Vt. 8. 



164 DECISIONS OF THE SUPREME COURT. 

1). By vote. Where the prudential committee, witliout a 
vote bt" the district, employed an additi<>nal teacher to instruct, 
and she did in fact instruct, legal scholars of the district in a 
l)uilding provided for the purpose and not in the school 
house, which was in tlie occupancy of another school, and 
hired plaintiff to board such teacher, and the district subse- 
quently at a legal meeting voted a tax to pay such teacher 
for instructing such scholars, it was held., that such vote was 
a ratification of the whole act of the pi'udcntial committee 
in providing for and sustaining that teaclier at the ex})ense 
and u|)on the credit of the district ; and that the jilaintiff 
could recover of the district for lioarding sucii teacher. — 
Cameron v. School Dht. in North Hero., 42 Vt. 507. 

c. By acquiescence. The fact that the officers and vot- 
ers of the district generally knew of the pendency and prog- 
ress of a suit against the collector for his proceedings in the 
collection of a tax assessed under a vote of the district, and 
knew of the performance of service by the plaintiff in de- 
fending sucli suit under an employment by the prudential 
committee, has no legal tendency to show any acquiescence 
in or adoption of the employment of the plaintiff by the dis- 
trict. — Harringtonx. School District in Alb urgh, 80 Vt. 155. 

7. Control of district over use of school house. School 
districts can, by vote, permit the use of their school house 
for a private school /or the time being merely., and against the 
wishes of the prudential committee : nothing appearing but 
if the school had been permitted to proceed it would have 
answered all the purposes of a public school, and been open 
to all the children of the district, and taught all the branches 
of common school instruction enumerated in the statute, and 
no others. — Chaplin et al. v. Hill et al., 24 Vt. 528. 



DECISIONS OF THE SUPREME COURT. 165 



8. But it Sffjm.s- that the district cleai-ly could not confer 
any exclusive right to the possession of" the school house for 
any definite time upon any one. — Ih. 

0. The inh(ihitantf> have no estate in district, property. 
The inhabitants of a school district have no estate in any 
form in the propei'ty belonging to the district. — lb. 

10. Ayent entitled to recover what it is worth to him to do 
the work. A was employed by the district " to superintend 
the repairs of the school house;" he did it in good faith, 
and with as much diligence and skill as he did his own busi- 
ness, or as tlie district had any just ground to expect of 
him, knowing his habits and ability. Held that A could fe- 
covcr for the work what it was worth to him to do it. — Felt 
V. School District No. 2 in Rockingham., 24 Vt. 297. 

School Housk. See School District, 4 ; Prudcntiiil Com- 
mittee, 9, 10; Warning for City Meeting. 

XV. School District Meetings. 

1, 2. Leugtii of notice of required. 

3. How lengUi of notice computed. 

4. Omission to state in warning the hour of the meeting. 

5. Omission to state hour of adjourned meeting. 

fi. Not necessary to state in warning the a]>plication there- 
for. 

7. Meeting valid if warned without application therefor. 

8. Moderator pro tern may preside. 
1). Heseinding vote. 

10, 11. Warning must specify the business to be done. 
12. Same principle applied to a city meeting. 

SCHOOL DISTRICT MEETINGS. 

1. Length of notice of required. When the statute re- 
quires seven days notice of the meetings of school districts, 
a notice dated on the first day of the month for a meeting 
to be held on the seventh is not sufficient. — Hunt v. School 
District in Norwich. 14 Vt, 300. 



166 DECISIONS OF THE SDPUEMR COURT. 



2. A tax voted at a f>chool iac(!ting hold under a vvarii- 
iiig giving more than twelve days notiee is invalid. — Gre.en- 
hanks V. BouftceU, 43 Vt. 207. 

8. How length of notice contpuffd In coin|tnling tlu; 
length of time during which notice of a meeting of a school 
district w^as given, the same rule will he applied as in the 
case of service of process, either the day on which the no- 
tice was posted, or the day on which tiie meeting was held, 
will be counted. — Mason v. School District in Brookfidd, 20 
Vt. 487. 

4. Omission to state in tvarning the hour of the meeting. 
A school meeting warned without naming in the wai-ning 
the hour of .the meeting, is irregular, and its proceedings 
are void, and the defect is not cured by adjournment to an- 
other day, naming the hour ot" that day. A vote ol' the dis- 
trict, at such meeting, to raise a tax, will not justil'y the 
collector in an action of trespass against him for taking 
property to satisfy the same. — Sherwin. v. Bughee^ 16 Vt. 
439; 17 Vt. 337. 

5. Omission to state hotw (f adjourned meeting. It is 
necessary in a vote of adjournment of a school meeting to a 
future day, to state the hour of such adjourned meeting, oth- 
erwise the proceedings thereof will he invalid. — Greenhanks 
V. Boutwell, 43 Vt. 207. 

6. Not necessary to state in warning the application 
therefor. It is not necessary to state in the warning of the 
school meeting for such new organization (or of other school 
meetings), nor in the record, that such meeting was warned 
upon the application of the required number of freeholders ; 
the proceedings in ihis respect will be jiresumed regular. — 
Sherwin v. Bugbee, 16 Vt. 439. 



DECISIONS OF THp SUPREME COURT. 167 



7. Meeting valid if warned without ajyplimfiun therefor. 
II' 11 niectiiig of a school dis^trict he duly waiiiod liy the 
(•Icik, vvilhout any ajjplication to liiui in wiitiiig for that 
purpose, and a meeting be held pursuant to the warning, 
such meeting will be legal and valid. 

Th.'^t provisioii of the statute wliieh makes it the duty of 
the cleik to warn a meeting of the district upon a written 
ajiplieation to him for that purpose, was intended to act 
comj)ulsorily upon the cleik, and not to withhold from him 
the power of calling meetings without such application. 

But if it was essential that such application in writing 
should have been made, the court would presume that it was 
made. — 3Iason v. School Bistriet in Brookfield, 20 Vt. 487 ; 
(^handler v. Bradish, 23 Vt. 416. 

8. Moderator pro tern may preside. It is not necessary 
that the moderator chosen at the annual school meeting 
should preside at all subsequent meetings of the district 
dui'iug the ycai- ; the proceedings will be valid if the dis- 
ti'ict should, at a subsequent meeting, elect a moderator to 
preside over that meeting. — Stevens v. Keyit., 26 Vt. 503. 

[G. S., Ch. 22, § 34.] 

9. Rescinding vote. It is competent for a school dis- 
trict, after having, by vote, rejected a proposition to build 
a new school house, to rescind such vote at that or a subse- 
quent adjourned meeting, and j)rocced to raise a tax and 
pass all necessary votes for such erection, and this may be 
done without the formality of rescinding the former vote. — 
Eddy V. Wilson, 43 Vt. 362. 

WARNING FOR SCHOOL MEETING. 

10. Must specify the business to he done. The warrant 
for a school meeting must specify the business to be done ; 



168 DECISIONS OF THE SUPREME COURT. 

and where there was no article relating to the sale of the 
school house, it was not competent for the meeting, under 
the article " To do any other business proper to be done," 
to appoint an agent and autlioiize him to sell the school 
house. — Hunt v. Scliool District in Ninnmch, 14 Vt. 300. 

11. An article in the warnuig of a scliool meeting to sec 
whether the district will have a school the ensuing winter, 
and to see what method the district will take to pay the ex- 
pense of said school, is sufhcicnt to authorize the district to 
vote a tax upon the grard list to defray the expense of the 
school. 

And a vote, at a meeting so warned, " to pay the expense 
of the school with money drawn from the town, and the 
residue, if any, on the grand list of the district," will au- 
thorize the committee to make a rate-hill upon tiio grand 
list of the district foi* a sura sufficient to pay the excess of 
the expense of the school above the amount raised from the 
town, whenever the amount shall beasceitained. — Cluvridler 
V. Bradhh, 23 Vt. 416 ; Adams v. Hyde, 27 Vt. 221. 

12. Warbling for city tneet'mg must specify business to be 
done. The warning for a city meeting contained the follow- 
ing article : " To vote upon the question of raising money, 
by tax or otherwise, to meet the accruing expenses of the 
city government, and for school purposes for the ensuitig 
year.'''' Under this warning the meeting voted, " That the 
wants of the city demand the erection of a high school 
building ; " and not only voted a tax of twenty cents on the 
dollar of the grand list, but authorized the mayor to borrow 
on the credit of the city a sum not exceeding -f 15,000, for 
the purpose of erecting said building. Held, that the term 
" school purposes " in the warning meant the ordinary and 
current expenses in sustaining the existing schools of the 



DECISIONS OF THE SUPUKME COURT. 169 

city, and the vote assessing such tax was illegal and void. — 
Allen v.- Burlhigton, 45 Vt. 20o. 

XVI. School DisTiiurr liEcoiiDs. 

a. Warning. 

b. Defects in records. 

c. Correction of records. 

d. Mandaimis to (;lerk. 

e. iiecords of school district not constructive notice of the 

limit of the authority of prudential committee. 

SCHOOL DISTRICT RECORDS, 
a. Warnhuf. The warning foi' a meeting of tlie inhahi- 
tants of a school district should be recorded Ity the district 
clerk.— iS'Awt'm v. Bughee, 17 Vt. 337. 

I). Defects in records. Defects in district records cannot 
be supplied by parol evidence. [Sec Evidence, 5.] — Ih. 

c. Correction of records. The clerk of a town or other 
municipal corporation, while in office, and having the cus- 
tody of the records, may generally make them conformable 
to the facts by altering or amending them, and this, although 
he may have been out of office, but is again restored — Mott 
v. Reynolds, 27 Vt. 206. 

And per Redfield., Ch. '/., in Mott v. Reynolds., supra, it 
might be improper to make such amendment if the officer 
making the record were out of office, or were a party to the 
suit. 

d. Mandamus to clerk. The court will not grant a writ 
of mandamus requiring the clerk of a school district to 
amend his records, when it appears that he had ceased to 
be clerk, and has removed without the jurisdiction of the 
court.— JIfason v. School District in Brookfield, 20 Vt. 487. 

e. Records of a, school district not constructive notice of 
the limit to authority o pi'udential committee. The defend- 



170 DECISIONS OP THE SUPREME COURT. 



am district legally voted to build a school house, and deter- 
uiined in what place it should be located, and chose a com- 
mittee to superintend the building thereof. Said committee 
employed the plaintiits to liuild the house; and they l)uilt it 
where the committee directed, but not whcie the district had 
voted to locate it, although it was near the site of the old 
school house, and on land owned by the district. The plain- 
tiffs had no knowledge of the vote locating the house, or 
that the house was being built in the wrong place ; but acted 
in good faith under the direction of the committee. Ileld^ 
that the record of said vote was not notice thereof to the 
plaintiffs. — Baker et ah. v. School District No. 2 in Barton^ 
46 Vt. 189. 

SurEUiNTEJSDENT OF SCHOOLS. Sce Certificate to Teacher. 

The omission to make any examination of the qualifica- 
tions of a teacher by a town superintendent, before issuing 
a certificate of qualifications, is undoubtedly a dereliction 
of duty, but does not render such certificate null and 
void ; and such certificate will be available to the teacher, 
provided he is guilty of no fraud or improper means in ob- 
taining it. — George v. ^School District No. 8 in West Fairlee 
and Vershire. 20 Vt. 495. 

XYII. Taxation. 

1. Residence of tax-payer. 

2. Vote of district necessary. 

a. Under tlie General Statutes. 

b. Under act of 1850. 

3. On what list to be assessed. 

a. Under laws in force in 1830. 

b. Under acts of 1827 and 1833. 

c. Under act of 1842. 

4. Duties of listers. See Listers. 

a. In designating school districts. 

b. How far designation of listers is conclusive. 

c. How separate valuation may be made. 
.5. Rate-bill and warrant. 



DECISIONS OF THE SUPREME COURT. 171 



a. Special cninmittee no authority io make. 

b. Such i-:itc-l)ill ille<i:al. 

c. llale-])ill and warrant. 

d. Slight excess in amount of tax-bill will not iuvalidatc. 
c. Warrant should l)e annexed. 

f. Warrant should reciuire money to he paid to treasurer. 

g. Name of inhabitant not taxable need not appear in tax- 

bill, 
h. Omission to limit time of payment does not invalidate. 
See Collector, 1 to 17. 
0. Effect of illegality of part of tax. 
7. Tax against _/eJ«e soZe who marries; husband not liable to 

pay. 
S. Interest on taxes not collectable. 

TAXATION. 

1. Residence of Tax-Payer. 

a. A person resident in a school district on the first day 
of xVpril, and proj)erlj listed there, remains subject to taxa- 
tion therein upon such list while it remains in force, not- 
withstanding he has subsequently removed from the district. 
— Woodward v. French, 31 Vt. 387 ; Walker v. Miner, 32 
Vt. 769. 

b. March 19, 1866, the plaintiff, with his family, left 
school district No. 7 and moved on to the town farm in dis- 
trict No. 8, under a contract to carry it on for the term of 
one year, intending that the town farm should be their home 
and residence during that year. The plaintiff, with his 
family, remained on the town farm not only during thatyeai-, 
but also during the second and third years, with like inten- 
tions. The plaintiff at the same time carried on and con- 
trolled his own farm in No. 7, and during the haying and 
harvesting seasons he, with some of his family, occupied his 
house in No. 7 to do the work there, the rest of the family 
living on the town farm ; but he intended all the time to re- 
turn to reside on his farm in No. 7 when he should get 
through carrying on the town farm. Held, that the poll 
of plaintiff was legally taxable in No. 8, and not in No. 7, 



172 DECISIONS OF THE SUPREME COURT. 

during the years 1866, 1867, and 1868. — Woodard v. 
hham, 43 Vt. 123. 

2. Vote of District Necessary. 

a. Under General. Statutes. Under the existing statute 
(G. S., ch. 22, § 47, as amended by No. 61 of 1864,) a vote 
of the district is pecessary to sustain a legal tax. And 
when under articles in the warning, " 3d, To see if the 
district will vote to have a school during the ensuing year, 
and if so, how h)ng, and when to begin;" and "4th, To 
see how to supj)ort said school," the district " voted to sus- 
tain a school during four months the ensuing year, in sum- 
mer and fall," it was held., that such vote did not authorize 
the [)rudential committee to assess a tax for the support of 
the school : and the legal effect of such vote cannot be en- 
larged or controlled by what the voters of the district in- 
tended to do, or by what they supposed they had done. — 
Adams V. Crowell et al., 40 Vt. 31. 

b. Under act of 1850. Under the act of 1850 (C. 8., 
§ 44, p. 149,) requiring districts to raise teachers' wages 
upon the grand list, the prudential committee had no power 
to assess a tax on the grand list of the district only after a 
vote of the district assessing or ordering the tax. — Bowen v. 
King, 34 Vt. 157. 

3. On what List to he Assessed. 

a. Under laws in force in 1830. Under the statutes in 
force in 1830, a district could not lawfully vote a tax on a 
list which is not to be completed until after thirty days from 
voting the tax. 

A tax voted in May on a list not to be completed till 
December following, and which thus could not be assessed 
within thirty days after voting the tax, as required by stat- 



DECISIONS OF THE SUPREME COURT. 173 

ute, held to be illegal, with all subsequent proceedings to 
enforce its collection. 

A tax is not necessarily void because it is not assessed 
within thirty days after it is voted. — Waters v. Baines, 4 
Vt. 601. 

[Altered by General Statutes, oh. 84, §07, as amended by No. 13, acts 1874.] 

b. Under acts of 1827 and 1838. Under the school 
act of November, 1827, and the explanatory act of 1838, 
tlie voters in any school district may assess a tax for the 
support of a school, upon such scholars only as actually at- 
tend the school, and the term " otherwise " in the former 
act is to be interpreted by the practice that obtained under 
the original school act of 1797. — Brown v. Hoadley^ 12 
Vt. 173. 

{AUter, see General Statutes, ch. 22. § 50, as amended by No. Gl of 18G4, p. G!).] 

c. Under act of 1842. The grand list which by tlie 
act of 1842 (C. S., ch. 80, §50,) was required to be com- 
pleted and returned to the town clerk's office on or before the 
first Monday of December, became and was 07i that day the 
existing grand list upon which a tax voted on that day was 
required to be assessed. — Moss v. Hinds^ 29 Vt. 188. 

[Altered by General Statutes, cli. 84, §G7, as amended by No. 12, acts 1874.] 

d. A school district tax on that list could be voted on 
the first Monday of December l)y a school district meeting 
which had been adjourned to that day from a previous one. 
—lb. 

4. Duties of Listers. 

a. In designating school district. Where the real estate 
of A was set off" from school district No. 1 to No. 2, May 
12, 1860, it should in the list of that year have been desig- 
nated by the listers as belonging to district No. 1. — Ovitt v. 
Chase, 37 Vt. 196. 



174 DECISIONS OP THE SUPREME COURT. 

b. How far designation of listers is conclusive. And the 
act of the listers in erroneously designating the list of A as 
belonging to district No. 2 was not conclusive either upon 
A or upon school district No. 1, if the town records furnish 
the necessary means of correcting such error. — lb. 

c. Ilotv .separate valuation may he made. Prior to the 
enactment of No. 43, acts of 1855, while the statute re- 
quired the real estate situated in a school district to be as- 
sessed for the district taxes, it provided for no separate val- 
uation for each district. Held., it was competent for the pru- 
dential committee to make the assessments upon such a pro- 
portion of the general value of all the individual real es- 
tate in the town as the value of his real estate in the district 
bore to that of the whole. — Adams v. ffyde, 27 Vt. 221. 

5. Rate-Bill and Warrant. 

a. Special committee no authority to make. A special 
committee appointed by a school district to remove tlie 
school house of the district, has no authority to make up a 
rate-bill of a tax voted to defray the expense of such re- 
moval, or certify to its correctness. — Johyison v. Sandersoji., 
34 Yt. 94. 

b. Such rate-hill illegal. And a tax-warrant issued to 
the collector of such district, annexed to the rate-bill, 
made and certified by such special committee only, confei'- 
red no authority upon the collector. — Ih. 

c. Rate-hill and warrant. By vote of the district, one 
half of a tax was to be paid July 1, and the remainder by 
September 1, 1868 ; the prudential committee issued two 
separate rate-bills, each for one half the tax : after some 
taxes has been paid on each, but no part of plaintiff's, the 
committee thought best then to issue a third rate-bill and 



DECISIONS OP THE SUPREME COURT. 175 

warrant for all tlie taxes j)aid and unj)aid on the two for- 
mer, the plaintiiT's tax in this hill emlii-acing the sum of the 
two former taxes. Held, that the third tax-hill was valid 
and the collector could justify under it. — Eddy v. Wilson, 
43 Vt. 862. 

d. Slight excess in amount of tax will 7iot invalidate. 
And it will not affect the validity of the rate-hill, that it is 
made for an amount exceeding, by some small sum, the ac- 
tual amount of the expense of the school ahove the amount 
received from the town. — Chandler v. Bradish, 23 Vt. 416. 

e. Warrant should be annexed. The selectmen should 
annex a warrant to a rate-hill of a state school tax, as in 
case of a tax voted by a town. — Wilson v. Seave^, 38 Vt. 
221. 

f. Warraiit should require money to he paid to treasurer. 
The warrant for the collection of a school-district tax 
should require the money when collected to he paid to the 
treasurer.— [Gen. Stat. § 47, ch. 22.] Bidl v Griffith, 30 
Vt. 273. 

g. Name of inhabitant not taxable need not appear in 
tax-bill. If an inhabitant of a school district has no list in 
the district, his name need not appear in the tax-hill. — Ih. 

h. Omission to limit time of payment does not invalidate. 
The omission to limit in the warrant for the collection of a 
school district tax the time within which the tax is to he col- 
lected and paid over by the collector to the prudential com- 
mittee, ought not to he regarded as a defect which the per- 
son taxed is entitled to take advantage of when the tax 
itself has been legally voted and assessed : the warrant in 
such case held, to confer sufficient legal authority upon the 



176 DECISIONS OF THE SUPREME COURT, 



collectpr to levy and collect the tax in question. — Walker 
V. Miner, 32 Vt. 769. 

6. -Effect of illegality of part of tax. If any part of a 
school district tax, voted for several purposes, is illegal, tlic 
whole tax is void. — Johnson v. Colhurn, 36 Vt. 693. 

7. Tax against feme sole tvho marries ; husband not liable 
to pay. Prior to the enactment of No. 24, acts 1861, if a 
school-district tax had been duly assessed against a feme 
sole, who afterwards married, tlic husband's property, includ- 
ing the personal property owned by the wife at the time 
of marriage, was not liable to l)e distrained for the satisfac- 
tion of the tax. — Sumner v. Pinney, 31 Vt. 717. 

8. Interest on taxes not collectable. Interest on unpaid 
taxes is not collectable, either before or after a demand has 
l)een made by the collector of the tax- payer fortlie payment 
of tlie Ux.— Shaw V. Peckett et al., 26 Vt. 482. 

XVIII. Teacher. 

1. Contract. 

a. Construction of contract. 

b, c. Contract to teach for definite time. 

d. Prudential committee lias power to dii^miss teacher. 

e. District no power to dismiss teacher. 

f. g. Sufllicient cause for dismissal. 

h. Cause for dismissal under special contract, 
i. Dissatisfaction of scholars and parents do cause. 
J. Right to damages for breach of contract not lost by tak- 
ing order under circumstances named, 
k. Vote of district to accept proposition of settlement. 

2. Omission to make entries in register, effect of. 

a. Did not forfeit his wages under section 110, chapter 22. 

General Statutes. 

b. Renders teacher liable to pay damages therefrom to tlic 

district. 

c. d. Omission through fault of committee. 

3. Right to inflict corporeal punishment. 

a. Has always been sanctioned. 

b. For otlences committed out of school hours. 

c. d. Liability of teacher for excessive punishment. 

4. Authority to expel scholar. 

5. Teacher may require English compositions by his schol- 

ars. 



DECISIONS OF THE SUPREME COURT. 177 
TEACHER. 

1. Contract. 

a. Construction of contract. A contract to teach a dis- 
trict school is to be considered as an ordinary contract for 
service and work, both as respects its construction and inci- 
dents. — Holden v. School District in Shretvshury^ 38 Vt. 529. 

b. Contract to teach for definite term. A teacher who 
contracts to teach for a definite term, and leaves the school 
without just cause, cannot sustain an action for such ser- 
vices as were rendered. — Clark v. School District inPawlet, 
29 Vt 219. 

c. Where a teacher contracted to instruct a district 
school during a specified time, and during the time he was 
absent ten days at one time, without the previous consent of 
the prudential committee, and he closed the school a few 
days before the time agreed upon, and this also without the 
previous consent of the prudential committee, but it ap- 
peared that he had sufficient reason, in both instances, for 
so doing, and that the prudential committee, when the cause 
was made known to him, was entirely satisfied, it was held 
that the teacher was entitled to recover pay for the time 
during which he actually taught, at the same rate of com- 
pensation agreed upon for the entire time. — Mason v. School 
District in Brookfield, 20 Vt. 487. 

d. Prudential cominittee has power to dismiss teacher. 
The prudential committee has full authority and power, as 
matter of law, to remove and dismiss a teacher whenever he 
chooses to exercise that autliority and power, but if the 
tencher is dismissed and removed without any just and suf- 
ficient cause, he is thereby discharged from his duty to per- 
form the contract on his part, and is entitled to recover of 

12 



178 DECISIONS OF THE SUPREME COURT. 

the district his damages. — Holden v. School District in Shrewa- 
hury, 38 Vt. 529. 

e. District wo power to dismiss teacher. The school dis- 
trict has lio power, by vote, to annul the contract made be- 
tween the teacher and the prudential committee, and dismiss 
the teacher. — Mason v. School District in Brookjield, 20 
Vt. 487. 

f. Sufficient cause for dismissal. Incompetency to teach 
any or all of the subjects of instruction or learning pre- 
scribed by law to be taught in the common schools of the 
state, or to projierly rule and govern the school, is good and 
sufficient cause for the teacher's dismissal by the prudential 
committee. Holden v. School District in Shrewsbury, 38 
Vt. 529. 

g. Incapacity and unfaithfulness would be a suflBcient 
cause. — Paul v. School District in Hartland, 28 Vt. 575. 

h. Cause for dismissal under special contract. The 
contract between the teacher and the school district con- 
tained a stipulation " that she should leave if the school was 
not satisfactory." The prudential committee has no right to 
dismiss the teacher in such a case unless the school should 
not prove satisfactory, but not on account of her personal 
unpopularity in the district. — Richardson v. School District 
in Westminster., 38 Vt. 602. 

i. Dissatisfaction of scholars and parents no cause. The 
fact that scholars and parents are dissatisiied with a school 
teacher is no sufficient cause for dismissing him before the 
expiration of the time for which he has been employed. — 
Paid V. School District in Hartland, 28 Vt. 575. 

j. Right to damages jor breach of contract not lost hy 
taking order under circumstances stated. In the absence of 



DECISIONS OF THE SUPREME COURT. 179 

the teacher, the committee left at her boarding house an or- 
der for -17.50 upon the district treasurer, expressed to be 
for her services as teacher. She retained possession of the 
order three oi- four hours, and then returned it to the place 
where she had found it, declining to accept it. Held, that 
by so doing she did not lose any of her rights to compensa- 
tion for damages for breach of the contract on the part of the 
district. — Richardson v. School District in Westminster, 88 
Vt. 602. 

k. The vote of a district to accept of a proposition of 
settlement, made by a teacher who had been dismissed, not 
communicated to her, does not bind her. — Ih. 

2. Omission to make entries in Register, effect of. 

a. Did not forfeit his loages under § 110, ch. 22, Qen. 
Stat. Under the provisions of § 110, ch. 22 of the General 
Statutes, a teacher did not forfeit his wages by reason of his 
neglect to answer the statistical inquiries to teachers con- 
tained in the school register, and to certify to the correct- 
ness of his record of the daily attendance of scholars. [But 
see No. 30 of 1865, p. 41 — page 87 of this compilation.] — 
Crosby v. School District, 35 Vt. 623. 

b. But render teacher liable to pay damages therefrom to 
the district. But the teacher is liable to make good to the 
district the amount of the public money lost to the district 
by reason of such neglect. — lb. 

c. Omissio7i to make entries in Register, through fault 
of committee. The entries in the school register of answers 
to statistical inquiries required to be made by teachers by 
Gen. Stat. ch. 22, § 110, are to be made at the close of the 
term of school for which the teacher was engaged. — Scott v. 
School Dist. in Fairfax, 46 Vt. 452. 



180 DECISIONS OP THE SUPREME COURT. 

d. If the prudential committee, by his own conduct and 
without the fault of the teacher, prevent the close of the 
term being reached, the omission to make such entries will not 
prevent the recovery of the wages. — Ih. 

3. Right to Inflict Corporeal Punishment. 

a. Has always been sanctioned. The right of a school- 
master to correct his scholar has always been practically 
and judicially sanctioned. But it rests upon similar ground 
as the right to correct a child or servant, and the chastise- 
ment must not exceed the limits of a moderate correction. 
And though courts are bound, with a view to the mainten- 
ance of necessary order and decorum in schools, to look 
with all reasonable indulgence upon the exercise of this 
right, yet whenever the correction, as confessed by the plead- 
ings, or as proved on trial, shall appear to have been clearly 
excessive and cruel, it must be adjudged illegal. — Hathaway 
V. Rice, 19 Vt. 102 ; Lander v. Sea.ver, 32 Vt. 114. 

b. For offences out of school hours. When a boy, after 
the dismissal of the school for tlie day and his r.eturn home, 
and while engaged in his father's service, in the presence of 
other pupils of the same school, used towards his teacher, 
and in his hearing, contemptuous and insulting language, 
and which had a direct and immediate tendency to subvert 
the teacher's authority and control over his pupils, the 
teacher may, upon the pupil's return to school, lawfully in- 
flict reasonable corporeal punishment upon him for such 
act. — Lander v. /Seaver, 32 Vt. 114. 

c. Liability of teacher for excessive punishment. If the 
punishment be clearly excessive, the teacher should be held 
liable for sucli excess, though he acted from good motives 
in inflicting tlic punishment, and in his own judgment con- 
sidered it necessary and not excessive. — lb. 



DECISIONS OF THE SUPREME COURT. 181 



d. If there is any reasonable doubt whether the punish- 
ment was excessive, the teacher should have the benefit of 
the doubt. — lb. 

4. Authority to expel scholar. It is the duty of the 
teacher to maintain proper and necessary discipline in 
school ; and when all other means for so doing failed, the 
teacher has the right to expel a scholar ; and if the pruden- 
tial committee insist upon the return of such scholar to the 
school when his presence would be fatal to the maintenance 
of such discipline, the teacher may lawfully quit the school 
and recover her wages up to that time. — Scott v. School 
District in Fairfax, 46 Vt. 452. 

The teacher of a private school has the right to require a 
scholar, who is guilty of insubordination and misconduct, to 
leave the school ; and if the scholar refuse to do so, upon 
being requested, a third person will, upon the request of the 
the teacher, be justified, as the servant and agent of the 
teacher, in using the necessary force for removing him. — 
State V. Williams, 27 Vt. 755. 

5. Teacher may require English composition hy his schol- 
ars. A requirement by a teacher of a district school, 
sanctioned by the prudential committee, that the schol- 
ars in grammar shall write English compositions, is a 
reasonable one ; and if such scholar, in absence of any 
request from his parents that he may be excused from so 
doing, refuse to comply with such a requirement, the pruden- 
tial committee may expel him from the school on that ac- 
count. — Cruernsey v. Pitkin, 32 Vt. 224. 

Towns. See School District, 3. 

XIX. Union School District. 

a, b, c. Organization. 

d, e, f, g. How altered or dissolved. 



182 DECISIONS OF THE SUPREME COURT. 



UNION SCHOOL DISTRICT. 

a. Organization. Prior to 1808, uo statute existed ia 
this state by which towns could create a union district, but 
such a district might have been constituted by a special act 
of the legislature ; and where the inhabitants of territory in 
Sunderland, and the inhabitants living in certain contiguous 
territory in Manchester and Saudgate, have all acted to- 
gether and supported a school as one district, for more than 
twenty-five years prior to 1808, with the since continued ac- 
quiescence of not only the inhabitants of ihe district, but of 
all the three towns, the court may well presume that such 
union district was formed by a special act of the legislature. 
— Boiven v. King, 34 Vt. 156. 

b. There not appearing to have been any action by the 
district, or by either of the towns, implying any doubt as to 
the perfect legality of the district, for more than fifteen 
years after 1808, held, that this was sufficient to raise the 
presumption, in absence of any record evidence of its form- 
ation, that it had been legally created and organized by ac- 
tion of the three towns. — lb. 

c. If territory be added to such union district by a vote 
of one of the towns, and the town and the district, for any 
considerable time, assented to the alteration and acquiesced 
in it, all parties would be bound by it. — lb. 

d. Hotv altered or dissolved. A union district is indis- 
soluble except in the mode pointed out by the statute. — lb. 

e. One part of such union district could not, by its own 
action or that of the town, dissolve it, and the action of a 
mere fraction, claiming to be a district, was illegal and 
void ; they could not elect legal officers, or impose legal 
taxes. — lb. 



DECISIONS OP THE SUPREME COURT. 183 

f. When a school district has hecn formed from territory 
in two towns, either l)y concurrent vote of the towns, or by 
act of the legislature previous to the power to constitute 
such districts being conferred upon towns, quaere whothei- 
one of the towns has authority to alter the limits of such 
district by setting the individual, within such town, from 
such district to another district within the town. 

But if the exercise of such authority by the town be in- 
consistent with the right of such district, such right may be 
waived by vote of the disti-ict ; and if the district consent 
by vote, that an individual within its limits may unite with 
some other district, and such individual be set, by vote 
of the town, to another district, the union district cannot 
afterwards assess a tax against such individual. — Pierce, 
Admr. v. Whitman, 23 Vt. 626. 

g. School districts formed by the concurrent votes of 
two towns, may have the limits altered by a vote of one of 
the towns setting off lands from it, and the acquiescence of 
the district therein for nearly twenty-five years. — Jones v. 
Oamp, 34 Vt. 384. 

XX. U. S. Deposit Money. 
U. 8. Deposit Money. The interest of the public moneys 
of the United States, which by the act of 1836, is appro|)ri- 
ated to the support of common schools, is not to be taken as 
a part of the proceeds of the school fund, within tlie pur- 
view of the proviso to the 9th section of the act of 1827, 
entitled " An act to provide for the support of common 
schools " — and to go so far as a relief against the three 
cent tax required by law. — State v. Jericho, 12 Vt. 127. 

XXI. Warning for City Meeting. 

Under the following article in the warning of a city meet- 
ing, viz. : " To vote upon the question of raising money, 



184 DECISIONS OF THE SUPREME COURT. 

by tax or otherwise, to meet the current expenses of the 
city government, and for scliool purposes, for the ensuing 
year," it was held^ that the meeting could not legally vote 
a tax, or authorize the mayor to borrow money on the credit 
of the city, for the purpose of erecting a high school build- 
ing. — Allen V. Burlington^ 45 Vt. 202. 

See School District Meeting, 12. 



PART III. 



FORMS 

DESIGNED FOR USE IN THE TRANSACTION OF BUSI- 
NESS CONNECTED WITH SCHOOLS. 



No. 1. 

An ajqilicalion by three voters in an unorganized school district to 
the selectmen of the town for the organization of said district. 

[Ch. 22, § 22, G. S. Page 24 of this Compikitiou.] 
To the Selectmen of , in the County of 

We, the undersigned, inhabitants of said , re- 
siding in school district No. . . , in said town, and voters in 
said district, respectfully represent that the said school dis- 
trict No. . . has not been organized, and that it is necessary 
to organize said district. We, therefore, make this applica- 
tion that said school district be duly and legally organized, 
according to the statute in such case made and provided. 

Dated at , ., A. D. 18... 

A. B 

CD 

E. F ' 



186 FORMS FOR SCHOOL DISTRICT OFFICERS. 

No. 2. 

Form of a warning for the organizaUon of a school disinct in an 
organized town. 

WARNING. 

Whereas, three of the inhabitants of the town of , 

residing in school district No. . . , in said town, and legal 
voters in said district, have presented their application in 
writing to us, setting forth that said school district has not 
been organized,. and that it is necessary to organize said dis- 
trict, and praying that the same may be duly and legally or- 
ganized. Therefore, the inhabitants of said school district 
who are legal voters in a school district meeting holden there- 
in, are hereby notified and warned to meet at the , in 

said district, on the .... day of . . . . , A. D. 18. . , at . . . . 
o'clock in the . . . .noun, to act on tlie subject matter of said 
petition, and elect a moderator and clerk, according to the 
provisions of the statute. 

Dated at , , A. D. 18... 

G. H , ) SfJectynen 

I.J , [ of 

K.L \ 



No. 3. 

Application hy three voters in an unorganized town or gore, to the 
selectmen of an adjoining organized toivn, to organize school dis- 
tricts in such unorganized town or gore. 

[Oil. 22, § 23, G. S. Page 25 of this Compilation.] 

To the Selectmen of , hi the County of 

The undersigned, inhabitants of , in said county 

of , and voters in the same, respectfully represent 

that said is an unorganized town [or gore], and 

that no school districts have been established in the same. 



FORMS FOR SCHOOL DISTRICT OFFICERS. 187 

We therefore request that you will organize one or more 
school districts in such, and in case more than one school 

district is needed, that you will divide said into 

as many districts as may be required, define and determine 
their limits, and number them, as provided in sections 
twenty and twenty one of cha})ter twenty-two of the Gen- 
eral Statutes. 

Dated at . . , A D. 18... 

M. N 

O.P 

Q.R 



No. 4. 

Waraiay for the oryaiiization of a school district in an uuor<janized 
town or gore. 

WARNING. 

Whereas, three of the inhabitants of the town [or gore] 
of , in the county of , have made appli- 
cation to us in writing, setting forth that said town is unor- 
ganized, and no school districts have been organized therein, 
and requesting that the organization of one or more of such 
districts be made, and whereas, upon due examination of the 
premises, we have decided that but one school district iu 
said is needed, and have determined the bounda- 
ries of said district to be identical with the boundaries of 
said , and have numbered said school district num- 
ber one : 

Therefore, the inhabitants of said school district number 
one, who are legal voters in the same, arc hereby notified 

and warned to meet at , in said town of 

[or gore], on the .... day of . . . . , A. D. 18 . . , at . . . . 



188 FORMS FOR SCHOOL DISTRICT OFFICERS. 

o'clock in the . . . .noou, to act upon the subject matter of 
aaid petition, and organize a school district, by the election 
of a moderator and clerk, according to law. 

Dated at , this .... day of . . . . , A. D. 18 . . . 

S. T , ) Selectmen 

u. V A of 

W. X ,)....'... 

The above can readily be so varied as to be adapted to the facts, 
in case the selectmen should decide that more than one school dis- 
trict is needed. 



No. 5. 

Application bij tlirce or more voters to a district clerk to warn a spe- 
cial meeting of the inhabitants of a school district. 

To the Cleric of School District No. . ., in the Town of , w 

the County of 

We, the undersigned inhabitants of, and legal voters in, 
said school district, request you to appoint and notify a 
meeting of the inhabitants of said district, to consider and 
act on the following propositions, to wit : 

1. To see if the district will erect a new school house in 

said district, and fix upon a location of the same. 

2. To elect a committee to prepare and report a plan or 

plans of such new school house, with an estimate of 
the probable cost thereof. 

3. To see if the district will repair the existing school 

house, and in what manner, and at what cost. 

4. To raise money by tax, or by loan, to defray the ex- 

pense of such new school house, or of such repairs 
[as the case may be]. 
5. To see what directions said district will give to the 
teacher of its higher school as to teaching any of 



FORMS FOR SCHOOL DISTRICT OFFICERS. 189 

the sciences or higher branches of a thorough edu- 
cation. 

[The formation and dissolution of Union Districts.] 

[Page 51 of this Compilation.] 

6. To see if said district will agree, by a vote of two 

thirds of the voters thereof present at such meeting, 
to unite witli contiguous districts No. . . , No. . . , 
and No. . . , in said town, and form a Union Dis- 
trict, for the purpose of maintaining a Union School, 
to be kept for the benefit of the older children of 
such districts as may thus unite. 

7. To see if said district, by a vote of two thirds of its 

legal voters, will vote to join Union District No. . , 
in said towns contiguous to said district. 

8. To see if said district, by a vote of two thirds of its 

legal voters present, will vote to withdraw from 
Union District No. . . , in said town. 
[For Union District in last two cases.] 

9. To see if said Union District will, by a vote of two 

thirds of its voters present, permit the withdrawal 
of District No. . . , in accordance with its request. 
10. To see if said Union District will, by a majority of 
two thirds of its legal voters present, vote to re- 
ceive District No. . . , in said town, the same being 
a contiguous district, and desiring to be thus re- 
ceived. 
To do any other proper business. 
Dated at , , A. D. 18.. 

A. B 

CD 

E. F 



190 FORMS FOR SCHOOL DISTRICT OFFICERS. 

No. 6. 

TO DIVIDE THE SCHOOL INTO TWO OR MORE DEPARTMENTS, 
AND PROVIDE THEREFOR. 

AiJplication of a prudential committee to have a school district meet- 
ing called for the foregoing purposes. 

I'o the Clerk of School District JV^o. . ., in the town of Heading, in the 
County of Windsor. 

The undersigned, prudential conunittce of said school dis- 
trict, represents that, in his opinion, the children of said dis- 
trict have Ijecome so numerous as to require more than one 
teacher, and hereby makes ap[)licatioii to have a meeting of 
the legal voters ol' said district warned, to consider and act 
upon the following propositions : 

1. To see if the district will have two or more schools in 

the district at the same time. 

2. To see if said district will pi'ovide additional accommo- 

dations for its schools by adding to or altering its 
school house, and to raise money by tax on the grand 
list, or l)y loan, to defray the expense of such addi- 
tion or alteration. 

3. To see what directions such district will give to the 

teacher of its higher school, as to teaching any of the 
sciences or higher branches of a thorough education. 

4. To do any other proper business. 

Dated at R. . . .g, this .... day of . . . ., A. D. 18. . . 

Prudential Committee. 



No. 7. 

Form of the warning by the clerk of a school district, on application 
therefor by three or more legal voters, or by a prudential com- 
mittee. 

SCHOOL MEETING. 

Whereas, an application in writing, signed by three of the 
legal voters [or prudential committee] of school district 



FORMS FOR SCHOOL DISTRICT OFFICERS. 10i 

No. . . , in the town of , in the county of , 

has been presented to me, requesting me, as the clerk of 
said district, to appoint and notify a meeting of llie legal 
voters of said disti-ict ; Therefore, the legal voters of said 
school district No. . . are hereby notified and warned to 

meet at , in said district, on the .... day of .... , 

18 . . , at .... o'clock in the .... noon of said day, to con- 
sider and act on the following propositions : 

1. To see if the district will erect a new school house in 

said district. 

2. To elect a committee to prepare and report a plan or 

plans of such new school house, with an estimate of 
the probable cost thereof. 

[The various specificiitions may be here inserted, as in No. 5 or No. 6, as 
they may be needed.] 

Dated at , , A. D. 18... 

G. H , Clerk. 



No. 8.' 

Warnimj of annual meeting of school district, which may he issued 
without application therefor. 

SCHOOL MEETING. 

The legal voters of School District No. . . , in the town 

of , ai'e hereby notified to meet at , in 

said district, on the last Tuesday of March, A. D. 18. ., at 
. . o'clock in the . . . .noon, to consider and act on the fol- 
lowing propositions : 

1st. To choose a moderator, clerk, collector of taxes, one 
or three auditors, treasurer, and a prudential com- 
mittee of one or three legal voters, for the year en- 
suing. 



192 FORMS FOR SCHOOL DISTRICT OFFICERS. 

2d. To see if the district will vote to sustain a school or 
schools during the ensuing year, and to fix the time 
for the commencement of the terms thereof, and the 
length of such terms. 

3d. To see if the district will vote a tax upon the grand 
list to defray the expense of such school or schools, 
or take other measures therefor. 

4th. To see if the district will, by a vote of two thirds of 
the voters present, abate any taxes remaining un- 
collected. 

5tii. To transact any other proper and necessary business. 

G. H Olerh. 



No. 9. 
Records of School Meetings. 

[Record in full the application, if any application was made, and certily the 
record as follows.] 

I certify the foregoing to be a true copy of the original 

application. 

Attest, E. B. W , District Clerk. 

[Then record the warning in Inll, including the signature of the clerk, aiul 
proceed as follows :] 

I certify the foregoing to be a true copy of the original 

warning. 

Attest, E. B. W , District Clerk. 

Be it remembered that at a meeting of the inhabitants 
and legal voters of School District No. . . , in the town of 

, held pursuant to the foregoing warning, at the 

in said district, at. . . . o'clock, . . . .noon, on the 

.... day of , A. D. 18 . . , the moderator of said 

district presiding, 

[The form thus far may be used in all the following cases .] 



FORMS FOR SCHOOL DISTRICT OFFICERS. 193 

(a) For Annual Meeting. 
The following business was transacted : 

1. L. G. C ..... . was elected moderator, E. B. W s 

was elected clerk, A. M li was elected collector of 

taxes, 0. B n, E. H. C r and C. W r 

were elected auditors, 0. C n was elected treasurer, 

and 0. S. H n was elected prudential committee of 

said district for the year ensuing. 

2. It was voted to sustain a school in said district dur- 
ing thirty weeks of the ensuing year, viz. : A school of 
fifteen weeks, to commence on the first Monday in May, and 
a school of fifteen weeks, to commence on the first Monday 
in December. 

3. It was voted that a tax of .... cents on the dollar 
of the grand list of said district be assessed, and that said 
tax be paid prior to the .... day of .... next. 

4. It was voted by two-thirds of the voters present to 

abate the tax of , of . . . . cents on the grand 

list of 187 . , and the tax of , of . . . . dol- 
lars and .... cents on the grand list of 187 . . 

5. Adjourned sine die. 

A true record. Attest, 

F K. G s. District Clerk. 

(b) To Locate a School House. 
The following business was transacted : 
It was voted by two-thirds of tlie legal voters present 
that the district will build within .... months a new school 
house, and that said new school house shall be located on 
the land of , at the corner of .... roads. 

[Insert a definite description of the locality.] 
(c) To Erect or Repair a School House. 
The following business was transacted : 
It was voted that the district will build a new school Iioiise 
13 



194 FORMS FOR SCHOOL DISTRICT OFFICERS. 

as soon as conveniently may be done, at a cost not exceed- 
ing .... hundred dollars. 

It was voted that E. W. W s, L. K 1 and 

A. M h be appointed a committee to prepare and re- 
port a plan of such new school house, with an estimate of 
the probable expense of the same, and report thereon at the 
time to which this meeting may be adjourned. It was voted 

to adjourn to the day of , A. D. 187 . , at . . . . 

o'clock p. M., at the school house in this district. 
A true record, 

Attest, E. H. C r. District Clerk. 

Be it remembered that said meeting having reassembled 
pursuant to adjournment, at the school house in this district, 

on the day of A. D. 187 . , at . . . . o'clock P. 

M., the following business was transacted : 

1. The moderator being absent, the meeting was called 
to order by the clerk, and . , elected modera- 
tor pro tempore. 

2. E. W. W., L. K. and A. M. . . .h, the committee ap- 
pointed therefor, made their report in writing, which report 
was accepted and ordered to be recorded, and is in the 
words and figures following : 

[Here insert report.] 

3. After consideration and discussion of said report, it 
was voted that the same be adopted, and that W. P. . . .h, 
0. C. . . .n, and H. A. G. . . .s, be a committee to erect or 
procure the erection of a school house, in accordance with 
the plan embraced in such report, but at a cost not exceed- 
ing .... hundred dollars. 

4. It was voted that a tax of .... cents on the dollar 
of the grand list of said district be assessed and made paya- 



FORMS FOR SCHOOL DISTRICT OFFICERS. 195 

ble on or before the .... day of . . . ., A. D. 18. ., to de- 
fray the expenses of such new school house. 

[The above form can readily be ada[)tc<l to the facts, iu case th(i district 
shovdd vote to rcpnir instead of build.] 

(cl) The Formation of Union Districts. 
The following business was transacted : 

1. The district voted, two-thirds of the voters present 
voting in the affirmative, to unite with contiguous districts 
No. . . and No. . . , in said town, and form a union district, 
for the purpose of maintaining a union school to be kept 
for the benefit of the older children of such districts as may 
thus unite. 

2. It was voted that the first meeting of such union dis- 
trict shall be called by the clerk of school district No. . . , 
by posting a warning therefor in the same manner and for 
the same time as the law requires for warning district meet- 
ings, and tliat said first meeting shall be lioldeu at the school 

house in district No. . . , on the .... day of , A. D. 

18.., at .. o'clock P.M., provided the associate districts 
agree thereto. 

3. The district voted, two-thirds of the legal voters of 
the district voting in the affirmative, to join union district 
No. . . , in said town of , contiguous to said dis- 
trict. 

(e) To Withdraw from Union District. 

The district voted, two-thirds of the voters present vot- 
ing in the affirmative, to witlidraw from union district No. 
. . , in said town, of which it now forms a part. 

(f) To divide the school iyito two or more departments.^ and provide 

therefor. 

1. It was voted that the district will have three schools 
in the district at the same time. 



196 FORMS FOR SCHOOL DISTRICT OFFICERS. 

2. The district voted that in order to provide additional 
accommodations for its schools, to erect an addition upon 
the east end of the school house, two stories high, of brick, 
in size 38 m 38 feet, and that the same be built, hnished and 
furnished under the direction of a committee to be elected 
for that purpose, at a cost not exceeding three thousand 
dollars. 

3. Elected A. W.. .c, G. M. C. . .k, and II. T. F. ..r, 
a committee to carry out the provisions of the vote last 
above recorded. 

4. It was voted that a tax of .... cents on the dollar 
of the grand list be assessed to defray the expenses of such 
addition, and that said tax be made payable on or before 
the .... day of .... A. D. 18... 

5. It was voted to instruct the teacher of the higher 
school to teach any of the sciences or higlier brandies of a 
thorough education that may not, by existing laws, be au- 
thorized. 



No. 10. 



Application to selectmen for location of school house where district 
cannot agree. 

To A. B , G. D , and E. F...., Selectmen of the Toion 

of 

The undersigned, prudential committee of district No. . . , 
in said town, represent that said district, at a meeting thereof 
legally warned and held on the .... day of . . . . , voted to 
erect a new school house for the use of the schools of said 
district, but are not able to agree upon a location therefor. 

We therefore officially request that you, the selectmen of 
. . ., will, in pursuance of law in such case provided, pro- 
ceed to select and fix upon such place within said district. 



FORMS FOR SCHOOL DISTRICT OFFICERS. 197 

(or a location for such school house, as to you shall seem 

best. 

Dated at , this .... day of . . . . , A. D. 18 . . . 

L. M ,) P?-udential Oommittee 

N.O ,[ of 

P. R , 1 District No. ... 



No. 11. 

Form of proceedings for the dissolution of a school district formed 
' of contiguous territory in two toions. 

To Hon , one of the Judges of the County Goihrt 

for Cowity. 

We, the undersigned, inhabitants of , in 

county, residing in a school district called No. . . , which is 

formed of territory lying partly in said , and partly 

in the town of , in said county, and being legal vot- 
ers in said school district, show to said judge that there are 
prudential reasons for the dissolution of said district, and that 
we desire that said district may be dissolved. We there- 
fore pray your honor to appoint three justices of the peace 

of said county, to make inquisition in the premises, 

and if sufficient cause therefor be shown, that they will or- 
der the said district to be dissolved. 

Dated at , , 18 . . . 



A. B. 
CD. 

E. F. 



To E. W .,11. M , and S. T , three Justices 

of the Peace within and for the County of . . ■ 

Whereas, A. B , C. D ....,., and E. F ^ of 

, in county, have represented to me that 

the school district called No. . . , in , is formed of 

territory lying partly in said , and partly in ....... 



198 FORMS FOU SCHOOL DISTRICT OFFICERS. 

in said county, and that they desire the union of said dis- 
trict may be dissolved, and have made their ap[)licalion in 
writing to tliat effect. 

Therelbre, in pursuance of the statute in such case pro- 
vided, I hereby appoint you the said justices to make inquiiy 
into the circumstances, and if, in your opinion, it shall be 
expedient to dissolve said district, that you order the same 
to be dissolved, and make the piopei- ceilificate thereof for 

I'ecord in the town clerks' offices of saiil and , 

and order such distribution of the pioperty of said district, 
and the payment of such damages, if any, as sliall be just 
and equitable. 

Given undei* my hand at . . . tliis.. . day of . . . , A. D. 18 . , 

) A^ahtaiit Judge of 
\ County Court. 

To all wJiom it may concern. 

The undei'signed^ justices of the peace for county, 

appointed to make inquisition as specified in the within com- 
mission, having first given due notice to all parties into- 
ested, have attended to the duties assigned in our appoint- 
ment, and from a careful consideration of the circumstances 
think it expedient that said district be dissolved. 

Wherefore, we, the said justices, do hereby order and di- 
rect that said school district No. . . , lying partly in 

and partly in , be dissolved, and the same is hereby 

dissolved. And we further order the property of said dis- 
trict to be distributed as follows, that is to say, that the 
school house and furniture and fixtures standing in said 
be assigned to the inhabitants of said district re- 
siding in said ,.and that the sum of ... dollars 

be paid to the inhabitants of said district residing in said 

, by the said inhabitants residing in said , 

and that the same be paid in six months from date, and 



FORMS FOR SCHOOL DISTRICT OFFICERS. 199 

we have niade out and certified a copy of tliis, our or- 
der, foi- iccord in said , and a like copy for record 

i" ^iiid , and herewith i-eturn this, our commission, 

vvitii onr execution ol the same. 

Dated at , this .... day of . . . . , IH. .. 

E. W ,i Justices of 

H. M A the 

S. T , 1 Peace. 



No. 12. 
lieceipt of District Clerk for Scliool Register. 
[See No. 19 of 18(57, p. 27. Puge 67, §171, of this Compikition.] 
Received of , teacher, the school regis- 
ter for the .... term, 18.., in school district No. .., in 

the town of , and I certify that said register has 

l)een kept and filled up according to law, and that all sta- 
tistical inten-ogatories have been answered therein, as re- 
quired l)y law. 

Dated at this .... day of . . . . , A. D. 18 . . . 

E. B. W. . . .8, District Olerk. 



No. 13. 

Notice by Saperintendent of time and place of public examination oj 
teachers, and of the regulations for the same. 

PUBLIC EXAMINATION OF TEACHERS. 

Notice is hereby given to all persons who are intending 
to apply for situations as teachers in the common schools 

of the town of , in the county of , that 

the public examination of teachers required by law within 

said town, will be held at , in said town, on , 

the day of , at ... . o'clock in the morning. 



200 F011M8 FOR SCHOOL DISTRICT OFFICERS. 



All persons designing to teach in the cbininon schools of said 
town, are reciuirod to bo present promptly at the tinie and 
place aforesaid. xVll citizens are res|)cctfully and cordially 
invited to attend. 



Town Superintendent of 



Co, Vt 187., 

At a mooting of the town superintendents of schools in 

the county of , held according to law at , 

Vt , , 18 . . . , it was resolved, as follows, viz : 

1. That written answers shall be required in Orthogra- 
phy, Geography, Arithmetic and Grrammar at the Spi-ing 
examinations ; that written answers in Geography, Gram- 
mar, Arithmetic and History shall be re(iuired at the Fall 
examinations ; and that the superintendents shall examine 
orally upon all the subjects al)ove named, and others re- 
quired by law, 

2. That all examinations after the public examination 
shall be upon an entirely new set of questions ; and the fee 
allowed hy laiv must be paid by the candidate before the ex- 
amination commences . 

3. That in the public written examinations, per 

cent shall be the minimum (average) standard of correct- 
ness required upon each subject. 

4. That the written examinations shall commence at 
nine o'clock a. m., and the oral examinations at two o'clock 
p. M. 

5. That at every examination, each candidate must come 
prepared with one half quire of writing paper, and a lead 
pencil for the written examinations. 



FORMS FOl; sniOOL IMSTRICT OI^'KICKHS. 



•201 



No. 14. 
(Jertificate to Teachers by Town tSuperintendeitl. 

STATK OF VERMONT. 



Wrilteu Examiaalion. 



Atithinetic 
Ci(eogni[)hy. 
Gram mar. . 



General Average 



Town Suptirintendent. 



Town of 

Date, ,187 

Name, and residence of teacher: 



STATE OF VERMONT. 

Town of This certifies that , 

of , haviiio; this day passed a satisfactory oral 

examiiiation in the studies prescribed by law, and the per 
cent., .... on the written examination fixed by the town 

superintendents, at the annual nieetinii; held at , on 

the .... day of .... last, as shown in the margin of this 
certificate ; and having presented satisfactory evidence of 

good moral character, is here- 



Wntten Examination. 



Arithmetic. 
Geography. 
Grammar. . 



General Averas^ei 



by licensed to teach any com- 
mon school in this town until 
April 1, 187... 

Witness my hand, this 
day of ,1S7. .. 



Toion Saperintenxlent. 



202 



FORMS FOR SCHOOL DISTRICT OFFICERS. 



No. 15. 

Sapeyiiitendeiit's list of teachers examined. 

By the provisions of Geiici'al Statutes, cb. 22, § 15, [§29, 
page 22 of this compilation,] this list must be filed in the 
town clerk's office on or before the lirst day of Februaiy in 
each year. 

I, , superintendent of schools in the town 

of , in the county of , in the state of , 

certify that the following is a list of the names of all the 
teachers to whom 1 have granted certificates during the year 
ending January olst, A. D. 18. . . ., together with the re- 
spective dates of the certihcates. 



Names of Teticliers. 


Dates of Certificates. 


E.F , 

D. S , 

B. M. S , 


April 18, 1874. 
Nov. 27, 1874. 
Nov. 80, 1874. 



Dated this 



.. day of , A. D. 18... 

H. M. T r. 

Town Superintendent of 



No. 16. 

Superintendent'' s revocation of Teacher's certificate. 

This revocation must be filed in the town clerk's office, and 
a copy thereof delivered to the prudential committee and to 
the teacher whose certificate is revoked. [See §30, page 
22 of this compilation.] 

I^ , superintendent of schools in the 

town of hereby certify that upon personal exam- 
ination of the school taught by , in dis- 
trict No in said town, I have become satisfied beyond 



FORMS FOR SCHOOL DISTRICT OFFICERS. 203 

a roasonable doubt that the said is iucompctcnt 

to teach or goveru said school propcr-ly, [or is setting an 
evil example belbrc his school,] and on that account, and 
pursuant to law iu such cases made and provided, 1 do 
hereby revoke the certificate heretolure granted to said 



Hated at , in the coimty of , this.. . . 

lay of , A. D. 18. .,. .. 

S. W. 1» e, 

Totvn tSuperintendeut of Schools. 



No. 17. 

SiipeiiatouleiiL's account for services, to be presented to the court 
auditor, toyetker toltli the receipt of the Slate Stqierintendeut of 
Education, for statistical returns. 

THE STATE OE VERMONT, 

To , Superintendent of Scltools for the 

town of , in the county of 

187.... Dr. 
March . . . To one day attending meeting of town su- 
perintendents at , -12.00 

To .... miles travel, at 10 cts., .... 

April ... To one day spent in public examination of 

teachers, 2.00 

May ... To one day visiting schools, 2.00 

" To one half day visiting school, 1.00 

February ... To writing annual report to March 

meeting, 3.00 

April . . To making and forwarding statistical re- 
turns to State Superintendent of Educa- 
tion, 3.00 



To^vn Superintendent of Schools. 



204 FORMS FOR SCHOOL DISTRICT OFFICERS. 

1, , Superintendent of Schools for the 

town of , do solemnly swear that the foregoinf^ 

statement of services rendered ()y me as such su[)erintend- 

ent is correct, and that schools have Ijeen taught in 

districts in said during the year last past, and in 

districts schools have been taught at the 



same time. 



State of Vermont, ) At , in said County, this 

County of ) day of , A. D. 

18. . . ., personally a{)peared , and made 

solemn oath to tlie correctness of the statements by him 
above subscribed, before ine, 

C. A. M e. Justice, of the Peace. 



FORMS FOR SCHOOL DISTRICT OFFICERS. 



205 



No. 18. 
Iteturn of Births and Deaths. 



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206 



FORMS FOR SCHOOL DISTRICT OFFICERS. 



No. 19. 
School Census. 
List of the names and ages of all persons between the ages 

of five and twenty years, resident in school district No 

on the first day of January, A. D. 18. ... , with the names 
of heads of families and whole number of persons under 
twenty years of age in each. 



Names of heads of 
families. 


No. of jiersons 

uuder 20 iu 

each. 


Names aud ages of all persons between 
the ages of 5 and 20. 


H. M. C n, 

H. P. K 1, 


2 

2 


Samuel K. C n, 15 ; Luther C n, (i. 

Maud K. . . . 1, 6; Freddie S. . . .g, 7. 



I certify that the above returns are correct. 

, District, Clerk.- 

The foregoing must be filed with tlie town superintendent 
on or before the 31st day of January, [see § 72, page 35 of 
this compilation,] together with a tabulated abstract of the 
same, which may be in the form following : 

No. 20. 

Abstract of School Census. 
Al>stract of the school census of scliool district No. . . , in 

the town of , county of , and state 

of Vermont, for the year 18. . . 



FAMILIES. 1 




CHILDREN. 








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FORMS FOR SCHOOL DISTRICT OFFICERS, 207 

The foregoing is a true abstract of the school census of 

school district No. . . . , in the town of , as 

taken l»y nie in the month of January, A. D. 18... 

Attest, , Bisfrict. Chrk. 



No. 21 
Bond to a School District by its Collector. 

Know all men l)y these Presents, that we, A. B., C. D., 

and E. F., of , in the county of , in the 

state of , are held and firmly hound ynto school 

district No. . . , in the town of , in the sum of ... . 

dollars, for the payment of which we do jointly and sever- 
ally hind ourselves. 

Sealed with our seals, and dated this .... day of , 

A. D. 187... 

The condition of this obligation is such that if the said A. 

B. . . . shall well and faithfully execute the office of collec- 
tor of taxes of the said school district, for the year commenc- 
ing on the last Tuesday of March, A D. 18. . , and shall at 
all times faithfully account for the moneys which may come 
into his hands and possession by virtue of his said office, 
then this obligation shall become void, otherwise remain of 
full force. 

Signed, sealed and de- j A. B , [seal] 

livered in presence of > CD , [seal] 

) E. F [seal] 



No. 22. 

Form of a certificate by the 'prudential committee^ accompanying a 

rate-bill. 

We, the undersigned, prudential committee of school dis- 
trict No. . . , in the town of , certify that the fore 



208 FORMS FOR SCHOOL DISTRICT OFFICERS. 

going is a correct rate-bill of a tax of .•. cents on the dollar 
of the grand list of the inhabitants of said school district, 
and of tlie })roj)City in said district liable to school taxes, 

raised for the jjurpose of in said district, and 

ordered to be paid to the treasurer of said district on oi- l)e- 

fore the ... day of A. D. 18. . , agreeal)ly to a 

vote of the inhal)itants of said district, at a meeting thereof, 
legally warned and holden for that purpose on tlie . . . day 

of A. D. 18... 

Approve<l and certified by us this .... day of , 

A. D. 18.V. 

' / PrudenUal 

' ( Comrnittee. 



No. 23. 
Form of a warrant for the collection of a school tax. 

State of Vermont, ^ To A. B., collector of school 

ss. ) district No , in the town 

of , in said county, Greeting. 

By the authority of the State of Vermont, you are hereby 
commanded to levy and collect of the several persons named 
in the list herewith committed to you, the sum of money an- 
nexed to the name of each person respectively, and pay the 
same to the treasurer of the said school district No. . . , on or 

before the day of , and if any person shall 

neglect or refuse to pay the sum in which he is assessed in 
said list, you are hereby commanded to distrain the goods 
and chattels of such delinquent person, and the same dis- 
pose of according to law, for the satisfying of the said sum, 
with your own fees ; and for want thereof you are hereby 
commanded either to extend this warrant for the collection 



FORMS FOR SCHOOL DISTRICT OFFICERS. 209 

ol' said sum so ass(3sscd against sucli (IcliiKiiicnt person, with 
costs, upon any land in this stato l)ch)ni;ing to siicli (hdin- 
tpient, according to hiw, or to take tlic body of such delin- 
quent person, and him connnit to the keeper of the jail in 
the county ol' , or such othei- jail as tlu! law di- 
rects, witliin said jail, who is hereby conunarided to receive 
such i)erson, and him safely keep until he shall i)ay said sum 
so assessed, with legal costs, together with your own {'qq.<, 
or be released accoi'ding to law. 

Given under my hand, at , in said county, tliis 

day of , in the year of our Lord one thou- 
sand eight hundred and 

W. F h, Justice of the Peace. 



No. 24. 

Form of an extent which nuvj he issued against the collector in case 
of his delinqidncy . 

HTATE OF VERMONT, ) To any Sherilf or Constable in 
County. ) the State Greeting. 

Wiiereas, a rate-bill and wan-ant for the collection of a 
school tax voted by the inhabitants of school district No. . . , 

in the town ol' , of .... cents on the dollar, 

amounting in all to the sum of .... dollars, and made pay- 
able on or before the .... day of , A. D. 18 . . , was 

duly delivered to , the collector of said 

district, for collection. And whereas the said 

has failed to pay over the full amount of said 

rnte-l)ill by the time specified therefor, and is now delin- 
quent in the sum f)l' .... dollars, which has Ijeen duly de- 
manded of him, and whei-eas the prudential connuittee of 
said district have presented their petition in writing to me, 
one of the justices of the peace in said county of ... . . . ., 

14 



210 FORMS FOR SCHOOL DTSTRTCT OFFICERS. 

setting out the al)()vc facts, and praying that an extent may 

We issued against the said , eollcctor as 

aforesnid, for the said sum of ... dollars, now in ari-ears, 
and the said having heen duly sum- 
moned to appear and show cause why such extent should 
not l»e issued, lias neglected to show any good cause why 
such extent should not issue for the ari-(;ars of said tax. 

Therefore, By the authority of the .'^tate of Vermont, you 
ai'c herehy commanded thai, of tlie goods, chattels, or estate 

of the said , to be by him shown unto 

you, or found within your precinct, you cause to be levied, 
and the same being disposed of according to law, you pay 
to the said prudential committee of said school district the 
said sum of .... dollars, being the residue of said rate-bill 
for which said collector is now in arrear, and also satisfy 
yourself for your own fees, and for want of the goods, chat 

tels, or stock of the said to be by him 

shown unto you, or found witliin your precinct, you are 

hereby commanded to take the l)ody of tiie said 

, collector as aforesaid, and him commit to the 

keeper of the common jail in , in said 

county, within the said prison, who is hereby commanded to 

receive the said k , and him safely keep 

until he pay the aforesaid sum of .... dollars, and legal 
cost, together with your fees, or otherwise be discharged or 
released according to law. 

Hereof fail not, but of this extent and your (h)ings thereon 
make duo retui'u within sixty days. 

Givtm und(M- my hand at , this . . . .day of .... , 

A. D. 18... 

A. B , Justice of the Peace. 



TAIU.K OK KOl^MS. 



Foi;iM 
jSTo. 1. Applicniion by three votiM's in an nnor<ranizo(l scliool 

district to tli(> selectmen of the town for the oruaniza- 

lion of said district. 
No. 2. Warniiii^ for the organization of a school district in an 

organized town. 
Xo. .'5. A]iplication by three voters in an unorganized town 

or gore to the selectmen of an adjoining organiz(>d 

town, to organize school districts in such uuoi-ganized 

town or gore. 
No. 4. Warning for the organization of a school district in an 

unorganized town or gore. 
No. o. Application by three or more voters to a district clerk 

to warn a special meeting of the inhalntants of a 

school district. 
No. (1. Application of a prudential committee to divide the 

school into two or more departments and jn-ovide 

therefor. 
No. 7. Warning by the clerk of a school district, on aj)- 

I)]ication therefor by three or more legal voters, or by 

a prudential committee. 
No. 8. Warning of annual meeting of school district, which 

may be issued without application therefor. 
No. 9. Records of school meetings. 
No. 10. Apjilication to selectmen for location of school house 

where district cannot agree. 
No. 11. Proceedings for the dissolution of a school district 

formed of contiguous territory in two towns. 
No. 1"2. Receijit of district clerk for school register. 
No. l:!. Notice by superintendent of time and place of public 

examinaiiou of teachers and of the regulatious tor the 

same. 
No. 14. Certificate to teacher by town superintendent. 
No. 15. Superintendent's list of teachers examined. 



212 TABLE OP FORMS. 



FOIIM 

No. 10. Superintendenfs rovocatiou of tea(;hcr's cci-liliralf. 

No. 17. 8ui)erint,encleiit''s actcount for sci'vices. 

No. 18. lleturn of births and deaths. 

No. 10. Seliool census. 

No. 20. Abstract of school census. 

No. 21. Bond to a school district by its collector. 

No. 22. Certificate by the prudential committee accoirijuinyini^ 

a rate-bill. 
No. 2;i. "Warrant tor the collection of a school tax. 
No. 24. Foi'in of an extent which may be issued auainst the 

colleclor in case of his delinfiuoncy. 



INT^EX TO SCI TOOL L/VWS. 



S^" ' '"' liyLU'l'S IL'Icr to tllC J)a£,('.S. 



A. 



Academics — ilulii's dl' IriisUn's oi' relative to rrlurus to State 

Sii|)('i-iiit,cn(l(Mil of Education ] I 

prudential committee may ananjj;e with ollicers ol' acad- 
emy lo iiislfuct, scholai-s ol the district AC, 

Account — ol' town supeniitendeul to he auditetl by .Statu Au- 
ditor 17 

copy of, to be tiled in town clerk's office i)rior to March 

meetiii!; annually 20 

Adrertisiiig tor institutes how paid Kt 

Agent, school district may prosecute and defend suit by. .... ill 

Annual meeting — of school district ;jO 

of Union districts ,52 

Annual report of town superintendent to March meeting 13 

Arithmetic, instructions to be given in, in pulilic schools 2.") 

Assistants at institutes, State Superintendent may employ. ... 10 

Attendance on schools, daily record of to be kept 10 

Auditor of Accounts — to audit the accounts of town superin- 
tendents of schools, and draw orders on State Treas- 
urer 17 

shall draw no order for superintendenfs account until he 

exhibit the recei|)t of State Auditor .' 17 

Auditor of school district, election and duties of. 30 

Average daily attendance — how ascertained . . 57 

B. 

Bennington County — meeting of town su])erintendents of to be 

at Arlington li) 

Births, district clerk to make retiu'u of to town clerk :'A 

Blind, instruction of the 74 

Board of Education, act to abolish 9 

Bonds, to be given by collector when r( ipiired by vote of dis- 
trict or by jirudential committee 30 31 

Books — text-book for use in schools 10'] 

provisions for su[)plying text-book.-, to pupils in certain 
cases 104 



214 INDEX TO SCHOOL LAWS. 



C. 

Central iSrItool Districts, liovv established 4S, i9, 51 

may vote to ereet -seliool lioiise JJt 

may instruct leaclier lo leacli sciences and higher Ijranches 4!) 
jMiHlential comvniltee ol' shall he elected — duties of. . . . .49, 50 
such district may Ity vole direct the teacher to leach any 

ol' the sciences or higher branches 4!) 

town treasurer and collector sliall pert'oini duties ol'dislricl 

treasurer and coHeclor 5U 

taxes in, to be asse.ssed by [)rudcnlial conuiiittec .j(» 

Certificate of /Superintendent — to be obtained by evei-y teacher 

bet'ore he opens his school '20 

to be available only until the tirsl day of April following IS 
|)rinci[)als of union and giadcd schools need not obtain... . 20 
of superintendent of an a<ljoining town to be obtained by 

a teacher who is hJMiself a superinlendent 21 

unless obtained by teacher before he begins his school, ihe 

contract made with him shall be null and void 4S 

(Jertijicate — may l)e revoked for incompetence to teach oi' gov- 
ern, or for setting an evil exami)le 22 

after revocation to become null and void tbeiiafU'r, iinkss 

by a vote of the district. . . .^ 22 

C/iAiirinan — of prudential comnuttee is the tiist one chosen.. . 5.j 
Ckairnuin of prudential committees of the several districts to 

be jtrudential committee of union district r>o 

C/e/'^— election of 30 

term of ollicc of 30 

of fractional district to make statistical returns of each 
fractional portion to the town to which it belongs. ... 2(j 

vacancy in othce how filled oo 

in clerk's absence, prudential committee shall discharge 

his duties 'So 

shall keep a fair record of votes and proceedings and cer- 
tify same when required Ho 

])enally for refusal 33 

to make certain returns to town sui)erintendent 35 

shall return births and deaths to town clerk 34 

compensation therefor 34 

line in case such returns are incomplete or incorrect 34 

selectmen to draw order for such compensation 34 

town clerk to examine returns and certily to their correct- 
ness 35 

town clerk to prosecute district clerk for penally or Ibrfeit- 

ure 35 

district clerk in January shall take census of his district. . 35 
shall forfeit twice as much money as district loses through 

his neglect to make returns 47 

forfeiture on neglect to call school meetings on reciuesl... . 47 
his returns in school register shall be regarded as returns 

for the prece<ling school year 

shall ])rocure of town superintendent a register tor each 

school in his district 11 

shall iiroperly com|)lete and return register to the town 
superintendent 67 



INDEX TO SCHOOL LAWS. 215 

Chrh— 

to ufilily li> U'aclu'i- tliat lu; lia,s rutunu'd icgistcr lillccl mil 

and cci'liluMl as ie(|uii'e(] by law (»7 

district siiall roct'ive no poi-tion (»!' ludtlic ukuu'v it Ik; neg- 
lect his duties as to (lie rrgisler ')7 

enlitlcd to one copy of ollicial report ol' Stale superintcud- 

eut 1(» 

Children between 8 and 14 required to altend school in cer- 
tain cases 71 

not to be employed in factory or mill lietween these ages 
unless he has attended school three months within the 

year 71 

may be arrested as vagrants in eeitain ("ues 7'2 

parent to be i>rosecuted in such cases 72 

under live not to be received as pupils in public schools. . 24 
clerk to make^iut and return to town superintendi-nt in 

January list of children between 5 and 20 .■');> 

Collector of district — chosen at annual meeting ."JO 

term of oflice .■>() 

siiall give bonds if required by vote of district ."!(> 

or by prudential c mimittet; ;>J 

ollice vacant on neglect for ten days to give >ionds as vv- 

quested ;;i 

may make deductions from taxes under vote of tlistrict... . .'51 

to give notice when and where he will receive taxes .!! 

shall pay into treasury money collected, on re(tuest in wri- 
ting of one or more of committee, and submit tax- 
book for inspection o2 

jienalty for neglect or refusal to do so 32 

(ii-st constable may be elected collector .'52 

vacancy in office, how tilled. . . ■ - .33, 101 

shall have powers of town collector 42 

shall have ))Owers and [proceed in same manner as pre- 
set ibed for collection of state tax i)5-lO.'5 

Compensation of State ISiiperintendent of Education L2 

of town superintendents Ki, IS 

of town superintendents for i>rivate examination of teachers 22 
of district clerks — See Clerks. 
Coinmittee—'Si^ti Prudential Committee. 
Common Schools — See Schools. 

< 'ompilation of School Laws — act authorizing 3 

Compiler's Beport o 

Compulsory Education — See Children. 

Constable — first constable of an}- town may be chosen collector 

of the district 32 

Co)istitution of the U. S. — instruction to be given in, in public 

schools 23 

Constitution of Vermont — instruct ion to be given in, in pulilic 

schools 2.) 

( '(uitents — table of 7 

Contract — with teacher wlio has failed to get a legal cerlilicate 

of qualifications, shall be null aiid void 48 

County Clerk — shall make return to the Governor of informa- 
tion relating to the deaf, dumb and blind. 70 

Copies of school-district records — to be made and certilied by 

district clerk 33 



216 INDEX TO SCHOOL LxVWS. 



(Jti)ues and 'pu'tishments — (iislurhin.y; exercises of di.stiict nicet- 

ing, or exercises ul' any school 74 

penalty for 71 

D. 

i>aJuar/es — to school house or .iradciny, how colh'cted 87 

Deaf und iJainb and JJlhid — (iovmior to I)e ex-ollieio eonnnis- 

sioner 74 

animal ai)|»ro|uialions for . . 74 

institutions fur instruction of. 70 

civil authority to c(!itily to county clerk annually Wiv luiin- 

l)er of sucli childicn. ... 75 

general i)ovvers and (hilies of Governor, and coniiiensa- 

tion 75, 7t) 

when expense of such children to lie paid 7(i 

Deaths — returns of, clerk of school district tf) make to town 

clerk 'M 

compensation foi- such iclunis o4 

Defacing school house — penalty for S7 

Deposit Money — See U. S. Deposit Money. 

Diijest of decisions of the Suprente Court — relating ( o sclmols and 

' school laws .'? 12;MS4 

table of titles, divisions, snbtlivisions and refei'cnces. .Lll)-12S 

IHsJiijnrhiij school house — penalty for 87 

Disorderly persons — itunishment of 74 

Districts — towns to lie divided into school districts 24 

their limits to lie defined and may be altered 24 

to be numbered in a regular series, and I heir nundier, de- 
scription and all alterations recorded in town clerk's 

office 24 

nuidc of organization in towns 24 

how organized in an unorganized town or gore 25 

fractional disti'icts may be organized 25 

See Fractional Districts. 
a person m;iy be set to a district in an ailjoiuing town .... 2(> 

where taxed in such cases. 2() 

shall have, when organized, all the poweis of a corjioration 

for maintaining schools 27 

who arc voters in school district meeting 27 

who are voters in town meeting 27 

how right to vote in school-district meeting may be deter- 
mined 28 

may authorize establishment of evening schools 29 

power to provide schools in certain cases 2!j 

may hold estate, prosecute suits, &c 30 

otRcers of and when chosen .'JO 

may by vote require collector to give bonds oU 

may authorize collector to make deduction on taxes paid 

by a fixed date .•')] 

may elect first constable collector of taxes ;52 

vacancy in district office how filled S'-i 

duties of clerk — Sc^c Clerk. 

omitting to sustain school, selectmen may declare all offi- 
ces vacant, and appoint new officers 37, 38 



INDEX TO SCHOOL LAWS. 217 



Districts — 

meetings ol', liow appointed and notified 06 

annual meeting of, how appointed ;j8 

may raise lax i,o build sehool house, &c HO 

may loeate sehool house by a two-thirds vote 40 

real estate in,where taxed 40 

negleeting to build school house, selectmen to order such 

district to build 40 

neglecting or refusing to build, selectmen may assess tax 

and build house 41 

such proceedings to be recorded in town clerk's oilice ... 41 
may instruct jtrudeiilial conmuttee to omit names of poor 

persons from tax list - 41 

all expenses shall be defrayed by a tax on the grand list. . 43 

taxes, on what list to be assessed 43 

may remit or abate taxes 43 

formed from two oi- more towns, how dissolved 43 

division of, not to alfect liability upon all debts outstanding 

at time of such change 44, 45 

may allow use of sehool house for religious worship, &c. . . 45 
may arrange for schooling children in an adjoining state. . 45 
may send scholars to academy — regulation of such action. 4G 
not to shorten time for maintaining common schools — no 

contract to be binding for more than two years 4(» 

in such eases to receive public money for such attend- 
ance at academy 40 

after dissolution of union district, each part to be a dis- 
trict 44 

heretofore organized to retain their powers 47 

(Jentral scliool districts — See that title. 

how public money divided among sehool districts 57 

may take lands for school house and yards 08 

may prosecute and defend suit by agent 01 

Dissolution of Fractional District — how accomplished 43 

District Clerk — See Clerk. 
District Collector — See Collector. 

Distribution qf}mhlic nioxey an)ong school districts.. 57, oS 

IJistnrbing exercises of school — penalty for 74 

Division of Property of school districts — provisions for 77-70 

Dumb — See Deaf and Dumb and Blind. 

E. 

EnibezzlemciU of school funds — penalty for 00 

fjssex County — provisions for holding teacher's institute in. . . 10 

Ereninci schools — school district may establish 29 

Exarninaiiou of teachers— AxaW be held in iV\)vi\ or May and 

Oc'ober or November 18, 21 

in all tiie counties on the same day ... 18 

shall b.' public 17. 21 

))rivate examination in what cases 21 

fee for such private examination 22 

Execution against school district — how collected 91, 03 

Expenses of teachers'' institutes— how paid 10 



218 INDEX TO SCHOOL LAWS. 



F. 

Veen of clerks of sckoot disLricls for making returns ol' births 

iiiid (leailis to town clerk '.'A 

i'ln iaking and returning!; school census .% 

ol' town su|)c!Mnlcii<h;nt for private examination ii'J 

Foniis lSo-:ilU 

Tahlc of forms 211 

Fractiovdl distiicts — may be organized fi'om portions of two or 

mni-e adjoining towns 25 

for visitation and returns, sliall be d(;eme(l to bek)ng to 

town ii. wliicli the school house is situated 25 

retui'ns from sliall be made to the several town superin- 
tendents 2() 

dissolntiou of, how elfected 4.'; 

after such dissolution each fraction a legal school district.. 4'.> 
manner of distributing [)ublic moneys to such districts... . 5S 

Fuel — shall be jirovided by prudential committee IM> 

Fiirvlture — shall l)e provided by iirudential committee 36 

G. 

(faxjraphy — instruction in to be given in i)ul)lic schools 2.'5 

(^rxjrajjliy cind History of Vermont — special instruction to Ijc 

given in 2;} 

text-book in 10."! 

(Hebe lands — ajipropriated to usi; of schools to be in charge of 

whom 8t) 

Good behavior — instructions to be given in, in pul)lic schools... 2o 

(fOre — districts in, how organized 25 

(J. S. deposit money appertaining to 61 

(fovernor — shall have ])ower to till vacancy in otlice of State 12 

Su])ei'intendent of Education 84 

shall anually appoint one examiner tor each normal sehool 
ex-o-fficio commissioner of the deaf, dumb and blind: his 

duties 75, 76 

county clerk to make certain returns to 76 

compensation of, for such services 77 

Grammar — instruction in, to 1)6 given in ])Aiblic schools 23 

Grammar schools — trustees of, duty to make certain returns to 

State Superintendent of Education 11 

Grand Isle County — provisions for liolding teachers' institute 

in ' \ 10 

Grand Jurors — duty to inquire annually as to assessment, col- 
lection and expenditure of state school tax, and in case 

of neglect, to present for indictment G(l 

Graded iSchools — See Union School District. 

principal of not required to procure certilicate of (iualiti- 

cations from town sui)erintendent 2(J 

(fraud List — on what list school district taxes shall be assessed 42 

H. 

High. Central, or Graded schools — See Central School. 

llistory and Geography of Vermont — text-book on 10.') 

History — instruction in, to be given in the public schools 23 



INDEX TO SCHOOL LAWS. 219 



I. 

Inhabitants of sclwol districts — dcchirud to bi; a butly politic aiu] 

corj)t)ratA' *Jl 

Institutes — Si;c Teachers'' l)istitutes. 

L. 

List, Grand— Hvc (irand List. 

Listers — sli.ill oinil, to |ilacc in the list llu; polls ot siicli ptrsous 

as iiavc lost an arm, k'n, or cy(-sii;lit while in tlic U. 

S. service duriiii:; Hit; last wai' 27 

such omission shall not deprive such |)erson ol' tin; right 

to vote '^ 27 

M. 

Mectinij — annual, of scliool district, when to he holden ■. . . '•>() 

hy whom to he wai'iied oS, IJl) 

length of notice retpiii'ed for 38, o9 

of school district, penalty for disturbing 74 

Mileaije — of town supi'riniendents in attending county nH;eting 18 
Moderator — of school districts, when elected, and term of utiicc oO 

his duties 30 

one jyro tenii)ore may be chosen 32, 33 

union districts may elect moderator — his duties 54 

N. 

Normal Schools — provisions for establishment (»f three 80 

existeucii of the three schools continued to March 1, 1875. 81 

ai)propria.tion for. ... . . -81, 82 

oxistencf! continued to Aug. 1, 1880 82 

scholarshijis at, how apportioned 85 

[)i-incipal and assistants, how appointed 84 

examinations for graduation at, liow made . . 84 

course of study at, how arranged 84 

appropriatit)ns for, how ex[>ended 85 

Notice of school district lueetintjs — how and when given 38, 3'J 

0. 

Officers of school district — their election and term of ollice 30 

of union districts, their election, term of ollice and du- 
ties 52-55 

( )rja>iizatioa — of school districts, how accomplished in orgau- 

izeil t )wn 24 

in unorganized town or gore 25 

Orthography — instructions to be given in, in public schools.. . . 2. 



ii.J 



P. 

/^(>-eH(— penalty for not keeping child lietween 8 and 14 at 

school three months iu each year 71, 72 



220 INDEX TO SCHOOL LAWS. 



I'rlncJpals of Union and Graded schools — not rcMjuircfl to pro- 
cure cerlilicate of (iiuililicatioiis from the town siipei'- 
inleudcnl 21 

their contracts with tru.stees or coinniittee valid without 

such certiticatc 21 

Process — against school district, how sci'ved 115-1 IG 

Prudadtal ConimUtee — when elected, and term of otlice 30 

powers and duties 36 

may esta1>lish eveiiing schools und(!r vote, of district 2!) 

otlice may be declared by selectnu'.n to l)e vacant, in cer- 
tain cases 37 

to ai)point and notify meetings in case of al)sence or n(>g- 
lect of clerk '. 38, 39 

penalty for neglect of such duty 39 

shall assess taxes voted by disi.rict 42 

may omit names of taxable inhabitants undi r vote of dis- 
trict 41 

shall have same authority to enforce collection of taxes 
that town treasurers liave 43 

may. under vote of district, arrange for schooling childi-en 
in an adjoining state 45 

and, also, in academy located in such district 4(5 

jienally for neglect to warn school meeting after a|)i)lica- 
tion therefor 47 

l)enaUy for paying out moneys of district to teacher who 
has not obtained certilicate 47 

conti-aci between and teacher null and void if teacher fails 

to obtain certificate 4S 

shall call a meeting of district to ascertain views of district 
about em])loying more than one teacher 48 

if more than one school is sustained at the same t ime, com- 
mittee sliall designate the school that scholai's shall 
attend '. 49 

may prescribe terms upon which children not residing 
in the district, may attend school 49 

CENTRAL SCHOOLS. 

when central school is established, a prudential committee 

shall be elected — duties of. 50 

may determine tuition of pupils attending central school.. 50 

may assess a tax, if tuitions are not sufficient to sustain the 

central school 50 

on what list to assess such tax 51 

UNION DISTRICTS. 

prudential committee of, how constituted 53 

shall determine the ages and qualifications of children who 
may attend such union school 54 

prudential committee not authorized or allowed to ])ay 
teacher until register properly tilled out and returned 
to clerk 07 

by direction of district, sliall apply to selectmen to locate 
school house and set out land for school ])urposes 08 

ujion application, duty to arrest truants and place them in 
charge of teacher 72 

in such case shall give notice to parent, guardian, ov mas- 
ter of child 72 



INDEX TO SCHOOL LAWS. 221 



Vriulential CommiUee — 

duly to make complnlnt lo jiislico, if sufh child dops not 
at( end school regularly 7o 

school di.sti'ict may declan! ollico of prudential conimittoo 
vacant in certain cases 29 

duty to assess tax on district to pay execution on Judg- 
ment recovered against the district 9.'5 

Q. 

Qiicsfions — to be used at the examination of teachers to h(; 
agreed upon at the annual county meeting of town 

superintendents 19 

lists of such questions to he jirinted and distributed to the 
several town superintendents 19 

R. 

Iteadiwj — insti'uctions to be given in, in pul)lic schools 23 

Tiecords — duty of clerk of school districts to keep 83 

duty of teacher to keep G7 

Register — teacher must procure before he commences his 

school 06 

must keep certain records therein 66 

must return it to clerk properly filled out, &c 67 

State superintendent to furnish blank forms for 10 

and shall furnish a suflicient number of copies to town su- 
perintendents to supply all the district schools 11 

district clerk to procure register on or before the first week 

in March 11 

liegulaiion of schools — town superintendent may adopt all re- 
quisite measures for the 20 

prudential committee may adopt similar measures 3(5 

provision in case of disagreement between superintendent 

and conmiittee 36 

Report — State superintendent shall prepare and present lo leg- 
islature a report of his official doings biennially 11 

3500 copies of his report shall be printed and distributed. . 12 

manner of distribution 12 

of town superintendent to March meeting 10 

Returns of school census and other matters to be made to town 

superintendent 18 

these returns and school registers to be filed in town clerk's 
office by town superintendent on or before the first 
day of June 18 

s. 

Salary of State Superintendent 12 

Schools — Each town shall support one or more 23 

instruction in (certain subjects to be given in.. 23 

on omission of school district to cause a common school to 
b(! taught within certain dates, selectmen may declare 

all the offices of district vacant 37 

distri("t may vole to have two or more schools in the dis- 
trict at the same time 49 



222 INDEX TO SCHOOL LAWS. 



Schools — 

(Jentral School — See Central School Districts. 

Union School — Sec Union School. 

town I'und for — Sec- Town School Fund. 

no person under live s^hall ])e received as a pupil in the 

pnblic schools 24 

School-hooks — may be supplied by prudenlial conunittee or 

school board, in cerlain cases 104 

in case of neglect of prudenlia,! comniiltee, necessary 
school books may be sujiplied liy the town superin- 
tendent ". *. I(i4 

the cost of such books, how collected of the parent oi- 

guardian. . . . " 10.5 

School directors — town shall elect, in case school districts are 

abolished 100 

their powers and duties 107-1 10 

School districts — town may be divided into 24 

such districts shall be regularly numbered.. 24 

record of such division shall be made in town clerk's oflice 24 

how o)ganized in an organized town 24 

how organized in an unorganized town or gore 25 

how oiganized from terrilor}' of two or more towns 2'> 

such district, for purposes of visitation and returns, shall 
be deemed to belong to tlie town in which tlie school 

house is situated 25 

clerk of such district to make returns to such town 20 

town by vote may set inhabitant to school district in an 

adjoining town 20 

and such person shall be taxed in the district to which he 

is thus set 20 

shall have all the powers of a corporation for maintaining 

a scdiool 27 

who are voters in school districts 28 

may establish evening schools 2!) 

at annual meeting may designate number of weeks of 
school to be sustained and appoint time for com- 
mencement 21) 

on non-compliance with such direction, may vacate ollice 

of i)rudential committee 29 

and elect officers to fill such vacancy 29 

may raise mone}' to erect, repair and furuish school house, 

and for otlier purposes 89 

may determine location of school house by two-thii'd vote. 40 
may instruct prudential committee to omit names from tax 

■ bill 41 

eftect of division, alteration or enlargement of 44 

may school children in adjoining state 45 

may authorize committee to school children at academ}^ . . 40 
heretofore organized to remain a legal school district.. ... 47 
may purchase such lands as art? necessary for the accom- 
modation of the schools OS 

may apply to the selectmen to locate and set out lands. . . . OS 
shall pay or tender damages assessed by selectmen before 

entering u})on such lands 69 

in case of controversy as to damages to lands, may submit 
the issue to arbitration. 09 



INDl^X TO SCHOOL LAWS. 223 



School districts — 

exocntion ao-ainsl scIkio] dislricl., how cnlloclcil Ill 

School District Taxes — Sec; lYixation. 

School honses and yards — ilistrict inny loc^atc wcliodl lioiiso by a 

two-thirds vote 40 

.selectmen may assess tax and l)uild school house in cer- 
tain cases 41 

district may allow nse of for religious jneeiings, lectures, 

&c 4") 

nroceediugs for olitaininf;- lands for school houses and 

yards". G8, ('.9, 70, 71 

proceedings in case of dissatisfaction with such location — 

petition to the county court r)0-70 

how disposed of in case town system is adopted IOC) 

School house — injury to, how punished 80, 87 

breaking and entering in the night time, how punished. . 88 

School year — commences April 1st 30 

Sclecttven — shall supply vacancy in othce of town superintend 

ent '.: : 2:5 

may organize school district in any town: length and man- 
ner of notice of ... 24 

duty to di-aw orders for compensation to district clerks.. . . 34 

may order school house to be built, in certain cases 41 

may assess a tax and build school house, in certain cases.. 41 

shall have charge of town school fund 60 

shall annually assess a school tax, except in certain cases. 56 

shall divide school moneys 57 

shall leave with the town clerk a written statement of each 

division 58 

may locate and set out lands for school purposes, in cer- 
tain cases, and assess damages therefor 68, 69 

shall have charge of glebes 89 

entitled to the possession of the same, &c 89 

sliall have power to lease the same, reserving annual rents 89 

shall till vacancy in office of school director 10*) 

in case town system is adopted, shall appropriate money 

and assess tax for support of schools 108 

shall appraise property of school districts in such casus. . .lO'.t 
Superintendent of Schools — town shall forward recei]it to State 

superintendent for school registers 11 

shall make statistical returns to State superintendent 11 

election of 16, 18 

compensation of, and how allowed 16, 18 

shall hold his otiice one year, commencing April 1st 16 

shall make out in detail his account for services 17 

his account shall be audited by the State auditor 17 

town may vote to ))ay additional compensation to 17 

shall hold two public examinations annually 17-21 

certificates granted by to be good until the first day of 

April following .... 18 

certain returns heretofore made to town clerks to be made 

to town supei-intendents 18 

duty 1o file registers and census returns in town clerk's 

office on or before June 1st 18 

to meet annually on third Tuesday of March 19 



224 INDEX TO SCHOOL LAWS, 

S^iperintendent of Schools — 

to agree upon list of questions to be nsed on examination 

of teachers, and 1,o lix upon standard of qualifications. lU 
when aRsenal)led may elect president and Secretary — their 

duties '. 1!) 

duty to visit schools .... 20 

shall examine schools 20 

may adopt all necessary rules and regulations for govern- 
ment of school, &C 20 

shall require full evidence of moral character and qunlili- 

cations of teacher ■ ... 2(( 

principals of union and graded schools not recjuired to ol)- 

tain certificate from lown superintendent 20 

when desiring to teach in his own town, may procure cer- 
tificate from superintendent of adjoining town 21 

shall give public notice of time and place of public exam- 
ination of teachers 21 

examination of teachers by, shall be public, except in the 

discretion of the superintendent 21 

shall make out and lodge in town clerk's office annually on 
or before February first, a list of names of teachers 

and dates of certificates 22 

may revoke certificate in certain cases 22 

efiecl of such revocation 22 

vacancy in otlice, how supplied 2?> 

in case of vacancy in the otlice, superintendent of adjoin- 
ing town may examine teacher and gi'ant certificate. . 2'.'> 
entitled to one copy of ofiicial report of Stale superintend- 
ent 12 

secretary of county meeting of town supei'intendents to 
procure lists of (juestions to be printed and distrilnited liJ 
State Lihrani — copies of State superintendenfs report to be 

filed" in 12 

Superintendent of Education^ State — election of and iluties of.. . 'J 

duties of in holding institutes 10 

shall prescril)e form of school registers 10 

and furnish registers to town superintendents in Januai-y 

annually 10 

shall forward receipt for statistical returns to town super- 
intendent 11 

shall make biennially a report to the legislature of his ofii- 
cial doings 11 

.shall cause not more than .'5500 copies to be printed and 

distributed 11 

vacancy in office of ma}'^ be tilled by the Goveinor 11 

salary of. 11 

shall prepare and annually furnish to town superintend- 
ents blank certificates 19 

T. 

Taxation — all school district taxes shall be uniformly assessed. 95 
duty of prudential committee to make out tax hill for school 

district taxes 42 

Taxation — I'eal estate shall be taxed in disl^rict in which situ- 
ated • 40 

district may b}' vote order nanues omitted from tax bill.. . . 41 



INDEX TO SCHOOL LAWS. 225 



Taxation - 

l)ru(l('.nti;il comniitlcc sIimII iisscss districl taxes 42 

tax hills shall Ik; made payahle to treasurer 42 

all expenses lor siqiport of schools shall he di'lrayi'd l)y tax 

on ^rand list 43 

lei^al voters may make ahatemeut on tax hills 43 

on what list to be assessed 43 

Teachers — See Examination of Teachers. 

list of, to whom certificates granted, to he lodged in town 

clerk's oltice on or hefore Fi^hruary 1st annually L12 

shall ohiain from town superintimdent a certificate of (jual- 

ifications hefore he opens his school 20 

certificate to, may he revoked in certain cases 22 

etfect of such revocation 22 

duty to procure of clerk a school register hefore commenc- 
ing term of school 00 

duties in regard to filling up and returning register. . . .60, (57 
prudential committee not authorized to pay teachers' wa- 
ges until register, properly filled up and completed, 

sliall he returned 07 

and a certificate of the district clerk presented to the com- 
mittee 07 

time of teachers in district school 103 

Text-book— in Geography and History of Vermont 103 

Teachers'' Institutes — one may he holden annually in each 
county by the State superintendent, on application 

therefor 10 

State superintendent may employ assistants at 10 

advertising and other necessary expenses of, how paid. . . : 10 

Toion Clerk — duty to examine returns of district clerks 35 

Towns — may abolish sc^hool district system 105-113 

may vote additional compensation to town superintendents 17 

may establish central schools 40 

providing central school shall have powers of union dis- 
tricts 51 

may raise school tax at annual March meeting 57 

forfeiture in case X)f neglect of selectmen to assess, collect 

or appropriate school taxes 50 

resi)onsible to State for Deposit Moneys 64 

Town School Fund — how appropriated 55 

how apportioned to fractional districts 58 

Town System of Schools 105-113 

Treasurer of School District — election and term of office of. ... 30 

duties of. 30 

vacancy in office, how filled 33 

district tax bills shall be made payable to treasurer 42 

'Treasurer of County — shall have charge of school lands in un- 
organized towns and gores 00 

shall have power to lease such land 01 

rents how apjn'opriated 92 

Treasurer of Town — shall keep a separate account of school 

funds in case the town system is adopted 108 

duties in regard to such funds 108 

Trustee Process— provision for collection of taxes by 09 

Trustee of U. S. Surplus Honey — to be annually elected l)y the 

towns (52 

15 



226 INDEX TO SCHOOL LAWS. 

Trustee of U. IS. Surplus Honey — 

shall give bonds 63 

vacancy in ollicc, may be lilled by the town 63 

shall loan the money 64 

conditions of snch loans 64 

shall pay to the town treasurer all the interest received. . . 65 

u. 

Union School District — how formed 51 

how to be accounted in distribution of public moneys 52 

shall be a l)0(ly corporate 52 

llrst meeting, how called 52 

shall choose a clerk 52 

when annual meeting shall be holden 52 

their powers 53 

prudent ial committee of, how constituted 53 

the powers and duties of such committee 54 

HKiy choose certain district oflicers, their duties 54 

may raise money for paying teachers' wages 54 

how dissatisfied district may withdraw 55 

iiow contiguous district may join a union district 55 

liow dissolved 43, 44 

shall be entitled to receive the same number of shares of 
public money as the several districts of which it is 

comjjoscd have been entitled to 113 

Union Schools — principals of, not required to procure certifi- 
cates of qualifications from town superintendent 20 

United States Deposit Money — treasurer authorized to receive. . 60 
shall be distributed among the towns: provisions concern- 
ing 61 

to be re-apportioned at each census 62 

trustee of such funds to be elected annually by each town. 62 

how loaned • • . 64 

income from such funds shall be annually appropriated for 

use of schools 65 

trustees shall annually pay to the town treasurer all such 

income 65 

provisions in case other school funds are sufficient for sup- 
port of schools .65 

forfeiture by towns in case of refusal or neglect to 66 

duty of grand jury to inquire into management of school 
fund 66 

V. 

Voters— \n town meeting are male citizens 21 years of age 

where list has been taken, &c 27 

right to vote not lost by omission of listers to take list in 

certain cases 27 

who are voters in district meeting 28 

Vote — Right to vote not lost by omission of listers to take list 

in certain cases 27 

right to vote, how determined ... 28 

W. 

Writ against School District— time and manner of service 115 



